Abstract

http://ssrn.com/abstract=1797754
 


 



Why the United States Supreme Court Got Some [But Not a Lot] of the Sixth Amendment Right to Counsel Analysis Right


Paul Marcus


William & Mary Law School

2009

St. Thomas Law Review, Vol. 21, No. 2, p. 142, 2009
William & Mary Law School Research Paper No. 09-91

Abstract:     
In the past forty-five years, the United States Supreme Court has firmly established the right to lawyers for poor people in criminal cases. The right, arising under the Sixth Amendment to the United States Constitution, extends beyond trials, and includes assistance in addition to lawyers. The right to a lawyer is seen as central to our system of criminal justice. At the same time, the Justices' rulings here have been subject to sharp criticism in a host of areas relating to the stages of the proceedings to which the right applies, the failure to define indigency, and the refusal to monitor seriously the competency of lawyers in such cases.

In this article, Professor Marcus applauds the reach of some of the Court's decisions, but also seconds the critics who have questioned the limits of other decisions. In particular, he looks to the unfortunate determination that indigent criminal defendants are not entitled to the assistance of counsel in all prosecutions.

Number of Pages in PDF File: 49

Keywords: poor, indigent, Sixth Amendment, assistance, trial, lawyer, right, competency, counsel

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Date posted: March 29, 2011  

Suggested Citation

Marcus, Paul, Why the United States Supreme Court Got Some [But Not a Lot] of the Sixth Amendment Right to Counsel Analysis Right (2009). St. Thomas Law Review, Vol. 21, No. 2, p. 142, 2009; William & Mary Law School Research Paper No. 09-91. Available at SSRN: http://ssrn.com/abstract=1797754

Contact Information

Paul Marcus (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)
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