In criminal cases, which amendment guarantees the right to counsel if the defendant cannot afford one?

In criminal cases, which amendment guarantees the right to counsel if the defendant cannot afford one?

• A. First
• B. Fourth
• C. Sixth
• D. Eighth

Answer: (C)

The Sixth Amendment guarantees the right to counsel for a defendant, and it specifically covers cases where the defendant cannot afford to hire an attorney. This principle was solidified by Gideon v. Wainwright, which held that when a defendant is too poor to hire a lawyer, the government must provide one, and that this obligation applies to state prosecutions as well through the Fourteenth Amendment. The other amendments don’t address the right to an attorney: the First Amendment protects freedoms like speech and religion, the Fourth governs searches and seizures, and the Eighth concerns punishment. So the amendment that ensures counsel for indigent defendants is the Sixth Amendment.

The Sixth Amendment guarantees the right to counsel for a defendant, and it specifically covers cases where the defendant cannot afford to hire an attorney. This principle was solidified by Gideon v. Wainwright, which held that when a defendant is too poor to hire a lawyer, the government must provide one, and that this obligation applies to state prosecutions as well through the Fourteenth Amendment. The other amendments don’t address the right to an attorney: the First Amendment protects freedoms like speech and religion, the Fourth governs searches and seizures, and the Eighth concerns punishment. So the amendment that ensures counsel for indigent defendants is the Sixth Amendment.