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Sixth Amendment

Explain when the right to counsel attaches, when it does not apply, and the significance of Gideon v. Wainwright. Do you agree with these procedures? Why or why not? How has the right to counsel impacted the criminal justice system? What changes to right to counsel would you suggest?

Solution Summary

While both the Fifth Amendment and the Sixth Amendment contain guarantees of the right to counsel, their applications differ significantly along two important dimensions. First, the Fifth Amendment right is spatially limited, while the Sixth Amendment right is temporally limited. Second, the Supreme Court treats waiver of the Fifth Amendment right to counsel far less skeptically than it treats waiver of the Sixth Amendment right to counsel.