Author Question: When might a defendant not be able to hire counsel of his or her choice? What will be an ideal ... (Read 33 times)

sc00by25 · **on:** Aug 17, 2018

When might a defendant not be able to hire counsel of his or her choice?

What will be an ideal response?

Question 2

What two constitutional provisions does the right to counsel in a criminal prosecution come from?

What will be an ideal response?

xMRAZ · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Many defendants who have the financial means are able to hire counsel of their choosing. Unfortunately, the indigent defendant does not have such a choice. The Sixth Amendment does not guarantee the indigent defendant the right to choose counsel; rather, it states that counsel will be provided. Usually, counsel will be a public defender. If, however, an indigent can show good cause that the attorney appointed to represent him or her is not doing so adequately, another attorney can be appointed.

Answer to Question 2

The two constitutional provisions for the right to counsel in a criminal prosecution are due process and the contemporary Sixth Amendment Approach.