Assistance of Counsel Clause facts for kids
The Assistance of Counsel Clause is an important part of the Sixth Amendment to the United States Constitution. It says that anyone accused of a crime has the right to have a lawyer help them defend themselves. "Counsel" is just another word for "lawyer" in legal terms. This right helps make sure that everyone gets a fair chance when they are accused of a crime.
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When Your Right to a Lawyer Begins
The Supreme Court has decided when a person's right to a lawyer starts. In a case called Brewer v. Williams (1977), the Court said you have the right to a lawyer's help "at or after" these things happen:
- You are officially charged with a crime.
- You have a court hearing.
- You are formally accused of a crime (this is called being indicted or arraigned).
After any of these steps, you have the right to a lawyer whenever the police ask you questions about the crime. This is called an interrogation.
In another case, Escobedo v. Illinois (1964), the Court also decided that people being questioned by the police have the right to a lawyer. This is true even if they haven't been officially charged with a crime yet.
However, people who go in front of a grand jury do not have the right to have a lawyer with them. This is because a grand jury doesn't decide if someone is guilty or punish them. They only decide if there is enough evidence to officially charge someone with a crime.
Your Lawyer Must Not Have Conflicts
Every person accused of a crime has the right to a lawyer who doesn't have a "conflict of interest." This means the lawyer should only be focused on helping their client.
Here's an example of a conflict: Imagine a lawyer is helping two different people. One client wants to say the other client committed the crime. The lawyer is supposed to do what is best for each client. But in this situation, the lawyer can't do their best for both at the same time. If they help one client, they might hurt the other. This isn't fair to anyone.
To make sure you get a fair trial, your lawyer must not have a conflict of interest. It doesn't matter if you are paying the lawyer or if the court assigned them to you for free. If a lawyer has a conflict of interest, and it harms your defense, a higher court (an appeals court) will automatically cancel your conviction. This means you would get a new trial.
Choosing Your Own Lawyer
If you are accused of a crime, you usually have the right to choose the lawyer you want to represent you. But there are a few rules:
- The lawyer must have a license to practice law in the area where your trial is happening.
- The lawyer must agree to be your lawyer, either for free or for pay.
- The lawyer cannot have a conflict of interest.
If a court stops you from having the lawyer you chose, and it wasn't for a good reason, an appeals court will automatically cancel your conviction.
Getting a Free Lawyer
Sometimes, the court will assign a lawyer to you for free. This happens if:
- You are accused of a very serious crime, like a capital crime (where the punishment could be death).
- You are too poor to pay for a lawyer, and you are accused of:
This right to a free lawyer for poor defendants was made clear in the famous Supreme Court case Gideon v. Wainwright.
Your Lawyer Must Be Effective
The Supreme Court has also said that Americans have the right to an "effective" lawyer. This means a court can't just give you any lawyer. You must get a lawyer who knows how to handle a criminal case and can defend you well.
The Supreme Court explained what "ineffective assistance of counsel" means in a case called Strickland v. Washington (1984). In this case, a person who was found guilty said their lawyer didn't do a good enough job. The Court ruled that to get a new trial, the person had to prove two things:
- Their lawyer did not do a good enough job defending them.
- If the lawyer had done a better job, the person might not have been found guilty.
If someone can prove these two things to an appeals court, it means their Sixth Amendment rights were broken. They will then get a new trial with a different lawyer.
Defending Yourself
In most cases, if you are accused of a crime, you have the right to defend yourself. This is called pro se representation. It means you choose to act as your own lawyer instead of having one.
However, a court might decide that you won't be able to defend yourself well enough. If that happens, the court can rule that you must have a lawyer.
Also, you do not have the right to defend yourself in appeals courts. In those courts, you must have a lawyer.
See Also
- Sixth Amendment to the United States Constitution
- Escobedo v. Illinois (created the right to a lawyer during interrogation)
- Gideon v. Wainwright (created the right to a free lawyer for poor defendants)
- Ineffective assistance of counsel
