The following program was produced by
the United States Courts. Hello I'm Chris Thomas with the United
States Courts. In this edition of Court Shorts, we'll focus on the Sixth
Amendment right to counsel. If you are charged with the crime that puts you at
risk of going to jail, and you cannot afford a lawyer, the court must provide one for
you. But why should you care about the rights
of those accused of crimes? This is one of the questions the students ask
Federal Judges and attorneys who work in the criminal justice system. Let's hear
what they have to say. What is the right to counsel and why is
it important? Well the right to counsel is really the fundamental cornerstone of
our justice system. Imagine a system of justice where you don't have the right
to a lawyer, where you could simply be accused of doing something wrong and
taken right to prison. It is a bedrock principle that requires
judges to appoint attorneys to represent defendants or people charged with
criminal conduct. With a lawyer, you have the right to contest the evidence, to
gather witnesses, to fight for your rights. And also if you are guilty of a
crime, to make sure that whatever punishment is imposed is a fair and just
punishment. It ensures that there's a fair system of justice, and that as a
prosecutor we have a special burden to make sure that that's true. We recognize
that every person who is charged with a crime, who faces the loss of liberty, is
entitled to counsel, whether they can afford it or not. And if they can't
afford it they should be given counsel at government expense. How did the right
to counsel get established? The right to counsel was established via the Sixth
Amendment of the US Constitution. The Sixth Amendment includes a number of
important protections for ensuring that everyone gets a fair trial, right to
counsel being the principal provision in the Sixth Amendment. The landmark
decision was Gideon versus Wainwright. Mr. Gideon was accused of stealing from
a pool hall, and went to trial and asked the judge for a lawyer. He could not
afford to hire his own counsel so he asked the court for one. The judge in
that case, consistent with Florida law at the time, turned him down. He was
convicted, and then from prison wrote a five-page handwritten petition to the
Supreme Court asking them to review his case.
Explaining that he had been charged with the crime, requested a lawyer not been
given one. The Supreme Court took up this case, appointed a lawyer to represent him
at the Supreme Court, to present this argument, and ultimately decided that he
was correct. That anyone who is accused of a crime, that could potentially lose
their Liberty or be imprisoned, should be appointed counsel to represent them in
their criminal proceeding. Mr. Gideon then had a new trial and the jury only
deliberated an hour before finding him not guilty, proving that a lawyer really
was essential to Mr. Gideon getting a fair day in court. What happens if
someone like me can't afford an attorney? If someone can't afford an attorney,
based on the Gideon case, they're entitled to a free lawyer. A lawyer
appointed by the court who specializes in representing people accused of crimes.
You don't need to be destitute, you don't need to be unemployed, the courts
recognized that counsel can be expensive. And you would think that any system that
had any modicum of fairness about it would at least give that individual the
resources that it needs to fight back, especially in light of the fact that we
all enjoy our presumption of innocence until we're proven guilty. Does the right
to counsel apply to kids? Yes the right to counsel does apply to kids. Kids who
are accused of committing a crime have a right to an attorney also. It applies to
anyone. It applies to anyone who's accused of a crime that faces a
punishment. Whether you're a kid or an adult or a grandparent, you have the same
right to a lawyer. Why should someone like me be concerned about the right to
counsel? I'll never commit a crime. Even though you would never commit a crime
yourself, you still may be accused of a crime. It's easy to accuse someone of
doing something wrong. These things are really about protecting all of us, not
just people who are accused, they're about protecting all of us from an
overreach by our government. You want to have confidence in our justice system,
and if you have a lawyer on both sides and both sides are well represented, that
gives the public confidence that the result that comes out of that trial is
fair and just. For podcast, trial simulations, homework help, and much
more on the right to counsel, explore the educational resources section
at www.uscourts.gov. For this edition of Court Shorts, I'm Chris Thomas.
