Essay Gideon V. Wainwright and Counsel

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[1] For an excellent analysis of the history of the Bill of Rights, see: Amar, Akhil Reed. The Bill of Rights and the Fourteenth Amendment. (Yale Law Review, 1992) Available at: http://www.saf.org/lawreviews/amar1.html. See also: William Beaney, The Right to Counsel in American Courts (U of Mich, 1955), at 28-33.

[2] William Beaney, The Right to Counsel in American Courts (U of Mich, 1955), at 25.

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The U.S. Supreme Court has consistently held that the Sixth Amendment right to counsel attaches to any court case (adult or juvenile, civil or criminal) in which an individual faces potential time in jail. But, somewhere, somehow, the requirements of government in meeting this obligation have become increasingly muddled and complicated. The Sixth Amendment Center revisits the history behind the right to counsel to explain what is required of state and local governments under the law, and why.

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