Preview of Member Only Content
For full access: or Become a Member
The Right to a Lawyer
By Judge Jeffrey A. Manning
Occasionally we need to remind ourselves of why we do certain things we do.
You know these words. You’ve heard them. “You have the right to an attorney; if you cannot afford an attorney, one will be appointed to represent you free of charge.” They come right after: “You have the right to remain silent.” They are the words of the Advice of Rights commonly called “Miranda warnings” mandated by the 1966 United States Supreme Court case, Miranda v. Arizona.
That specific phrase, about the right to an attorney, embodies the 1963 Supreme Court ruling in Gideon v. Wainwright, that the words of the Sixth Amendment of the United States Constitution, “In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense,” apply to all criminal cases.
Forty-one years ago, Clarence Earl Gideon, a 51-year-old homeless drifter with an eighth grade education, was arrested in Panama City, Florida, accused of breaking into a local poolroom. He asked for an
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or firstname.lastname@example.org
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.