Sixth Amendment Right to Counsel: Broaden the Scope, Decriminalize, and Ensure Indigents a Fair Chance in Court and in Life

Authors

Maria C. Pena

First Page

373

Document Type

Article

Abstract

Part I of this comment explains the history of the Sixth Amendment and the right to counsel, beginning at English common law through the current status of the right. Part II discusses the collateral consequences and social stigma an individual is faced with after conviction of a crime, despite the fact that the accused was not sentenced to jail. Part III summarizes the current problem an ex-convict faces based on the initial denial of assistance of counsel and offers a solution to this problem by explaining that the right to counsel should be extended to all criminal prosecutions. In addition, the solution proposes that state legislatures should adopt a process of decriminalization to alleviate the potential administrative burden of broadening the right to counsel.

Recommended Citation

Maria C. Pena, Sixth Amendment Right to Counsel: Broaden the Scope, Decriminalize, and Ensure Indigents a Fair Chance in Court and in Life, 25 St. Thomas L. Rev. 373 (2013).
Available at: https://scholarship.stu.edu/stlr/vol25/iss3/7