Sixth Amendment Right to an Attorney and Confrontation

Sixth Amendment Right to an Attorney and Confrontation

Legal Update

March, 2021

 Robert C. Phillips

Deputy District Attorney (Ret.)

Contents:  This Outline contains Sixth Amendment law under five distinct categories:

Right to Counsel

Right to a Jury Trial

Right to Compulsory Process

Right to a Speedy Trial

Right to Confrontation

Sixth Amendment Right to Counsel:

The Sixth Amendment provides in pertinent part:  “In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence. (sic)”

Purpose:

The right to counsel is a critical means by which a defendant is assured a fair trial.  (Mickens v. Taylor (2002) 535 U.S. 162, 166 [152 L. Ed. 2nd 291; 122 S. Ct. 1237]: “This right has been accorded, we have said, ‘not for its own sake, but because of the effect it has on the ability of the accused to receive a fair trial.’” quoting United States v. Cronic (1984) 466 U.S. 648, 658 [80 L. Ed.2nd 657, 104 S.Ct. 2039].)

General Rules:

“If the accused . ....

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