Right to Counsel Article

Right to Counsel
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Right to Counsel
The right to counsel is a fundamental right of citizens entrenched in the constitution of the United States. It arose due to inconsiderate English practices adopted in the States that denied defendants legal assistance in weighty criminal cases causing them to defend themselves in courts of law. The whole concept has developed significantly over time for purposes of establishing confidence and ‘due process’ in the justice system. It has also drawn much anticipated attention due to its development, which has reached a point where even prominent attorneys utilize private counsel when subject to criminal proceedings. This development can however be traced to back in 1695, where for the first time English courts allowed accused persons to be represented by counsel. For this period up to early 19th century, counsel representation in courts was allowed at the discretion of court officials (judges). It was not until 1836 that the legislative assembly passed a law allowing defendants to be represented by legal counsel at their own expense (The Free Dictionary, 2014).
Over the years, the accusatorial nature of the United States criminal justice system caused an increase in the need for utilization of legal counsel or attorneys by defendants- it has become a necessity per se. In fact, the usage of legal counsel is an important tool for keeping checks and balances in the highly adversary justice system of the United States (Tomkovicz, 2002). The country’s constitution in the ‘Sixth Amendment’ indicates that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." As it is currently, in cases where the defendant is unable to afford the services of an attorney or legal counsel, the State appoints one for them on their behalf (Infoplease, 2014).
The Sixth Amendment states, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense" (FindLaw, 2012). The right to counsel is undoubtedly one of the most respected guaranteed rights of the American people faced with criminal charges.
In the case of Powell Vs Alabama 287 U.S. 45, 53 S. Ct. 55, 77 L. Ed. 158, 1932 U.S. (1932), nine young men of African-American descent took on a ride ...