Sample Essay on:
The Right to Counsel

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Essay / Research Paper Abstract

This 6 page paper looks at the sixth amendment and challenges that the Supreme court has had to deal with over the years as the country grows. How the right applies to the poor, those who feel their attorneys have not been adequate and those who live overseas are all included. Bibliography lists 5 sources.

Page Count:

6 pages (~225 words per page)

File: RT13_SA316law.rtf

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Unformatted sample text from the term paper:

years as population has increased. Miranda is a part of that change. Most are familiar with the words "You have the right to remain silent...." which goes on and includes the admonition that the suspect has a right to an attorney and if he cannot afford one, he will be provided one by the state free of charge. It would seem almost to be a conflict of interest, but it is not. Defense attorneys are appointed by the state and they represent their clients just as zealously as those who walk into their offices. Again, the right to counsel as contained in the sixth amendment had evolved. Once the Sixth Amendment right to counsel was attached, law enforcement officers had deliberately elicited information from the accused or required participation in a lineup in respect to the crime charged as long as they comply with what the Sixth Amendment promises (Crawford, 2001). This may be accomplished by either having defense counsel present or through obtaining an intelligent waiver of the right to counsel from the accused (2001). Once Sixth Amendment rights are invoked, officers should not seek future waivers unless the accused initiates the contact (2001). Unlike an invocation of the right to counsel under Miranda, where there is a necessity to be clear and unequivocal, an invocation of the Sixth Amendment right may be unintentional (2001). The Supreme Court has held that there are two ways for someone accused of a crime to invoke his or her Sixth Amendment right to counsel (2001). The first way is easily discernible, and requires the accused to reject an officers attempt to obtain a waiver (2001). If an officer attempts to comply with the requirement by seeking a waiver of the right to counsel and the accused refuses, then ...

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