What is the Right to Councel?

What is Right to Counsel?

The Right to Counsel is now mostly called the right to a fair trial and where even people who cannot afford a lawyer will have one provided to them by the state.

History of Right to Counsel

In Webb v. Baird, the Indiana Supreme Court in 1853 recognized a right to an attorney at public expense for a person accused of crime, grounded in "the principles of a civilized society," not in constitutional law. The Sixth Amendment to the United States Constitution states: "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense."

Landmark Case Brewer v. Williams (1977)

The man was arrested for abducting a 10-year-old girl in Des Moines, Iowa. His lawyer advised him not to make any statements until after consulting with him upon being returned to Des Moines, and the police officers who were to accompany him on the car ride back to Des Moines. The officers agreed not to question him during the trip. During the trip, he said he didn’t want to be interrogated without a lawyer, but instead stated several times that he would tell the whole story after seeing his Des Moines lawyer. However, one of the police officers, who knew that he was a former mental patient and was very religious, wanted him to say incriminating things by stating to him during the ride that he felt they should stop and find the girl's body because her parents wanted a Christian burial for the girl, who was taken away from them on Christmas Eve. The man eventually said where the body was and was convicted for murder. Then he petitioned for habeas corpus claiming he was denied the right to counsel. The Supreme Court ruled that he was denied his right to counsel and he didn’t voluntarily waive his right.

My Opinion

I agree with the Supreme Court’s decision because this man was obviously dinied his right to counsel because he said he didn’t want to talk without a lawyer. He had agreed to tell the whole story when they got back to Des Moines, Iowa.