The court continues to wrestle with right to counsel issues


The 6th Amendment, as written, guarantees the right to counsel, paid for by the government, to indigent defendants charged with "felonies." Later, this 6th Amendment right to counsel was extended to juvenile court proceedings (felony and non-felony crimes) as well with the case of In re Gault (1967). Today, the court continues to wrestle with right to counsel issues as they pertain to adult non-felony criminal prosecutions, the various states of the criminal process (other than the actual trial), ineffective assistance by counsel, and the right of defendants to represent themselves. Please read about the specific issue of the right to counsel relating to "non-felony criminal prosecutions" and discuss whether you believe, based on what you read, that a defendant in a misdemeanor case is entitled, by law, to be provided with counsel if they are determined to be indigen

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