6th amendment..your opinions please?

Question

Regarding the 6th amendment....

Does the terminology "and to have the assistance of counsel for his defense" require the accused to be provided an attorney or does it only allow the accused acces to an attorney if he wants?..why?

Thanks! I'll pick best answer ASAP

Answer 1

I'd say it requires that the state provide him an attorney if he wants - since the Supreme Court said so in Miranda, but other than that, I think it means it allows the accused to have an attorney if he wants one, because it does not say that he is required to have assistance of counsel, and people are allowed to represent themselves, so why force counsel they don't want on them?

Answer 2

It says the accused has the right to have an attorney. And since there is a presumption of innocence, if they cannot afford one, the state must provide it. It is part of due process.

Answer 3

I would think that it is only if the accused wants an attorney, because if the accused wants, they do not have to hire an attorney, they can choose to defend themselves.

Answer 4

the wording seems to say that it is optional to have counsel i would think it is for the trust of the law if a man thinks he knows enough about his situation he may want to handle himself and if it were mandatory he would not have that option it helps insure the man can not say the system was biased against him if he fails himself so to give him more freedom of chose