Ls 305 Unit 7

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The right to counsel has been a very social and important topic in American history for many, many year. The sixth Amendment in 1791 stated, “In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense.” While criminal defendants had the right to seek counsel, they were most often not appointed counsel if they could not pay for one. The right to counsel is so great in a society like our own right now because it allows all levels of education, livelihood, and class of people to have the same kind of representation no matter the circumstances. The history of the right to counsel is far beyond extensive. For many years the right to counsel was indeed a right, but only if one could afford counsel. In the case of Powell v. Alabama we find a perfect example of The Indigent Person’s Right to Appointed Counsel. This means that anyone with the inability to make discussions on their own and in good faith has an unfair trial and should be allowed to have counsel appointed to them. In this particular case nine African-American illiterate boys were found guilty for rapping two white girls. Eight were sentenced to death. The Supreme Court ended up setting aside their convictions stating that the boy’s illiteracy prevented them from having a fair trial and that they were denied the right to appointed counsel. (Constitutional Law, 407) For the longest time the right to counsel was just for federal crimes or for those that fall within the indulgent person’s right to counsel; until the U.S. Supreme Court case of Gideon v. Wainright. In this case the defendant argued that the court had to appoint him counsel on the soul fact that he could not afford one. The state of Florida said no, that he was not incapable of understanding or representing himself. He was convicted and later filed a petition for habeas

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