One of the pillars of the American Justice system is the right to legal representation, as enshrined in the Bill of Rights. As the modern legal system has matured, this basic right to counsel has been extended to lower level (state, local, district) as well as Federal courts, after several fundamental challenges.
As Civil Rights and Liberties became a growing part of American jurisprudence in the early 20th century, a 1932 Powell v. Alabama case extended the rights to a publicly-appointed attorney for those “unable to employ counsel”, which was extended to the lower courts in the 1942 Betts v. Brady case “under special circumstances”. Later rulings, such as the 1963 Gideon v. Wainwright case made the right more universal, providing representation to all accused felons, while the 1979 Scott versus Illinois case granted the right to all accused.
Among the most prominent cases related to the right to counsel, the Court found in Brewer versus Williams that both the 6th and 14th Amendments support the right to legal representation. The ruling emerged from the question as to whether a defendant can defer to a counsel after legal proceedings have commenced. According to the 1977 ruling, this right begins as soon as a defendant is arraigned and “confined” by law enforcement. The related case of Miranda Rights, which requires notification of a legal rights for the accused, also falls within the bounds of the Amendment.
Under the ruling, the Court determined that the accused has the right to counsel as soon as criminal proceedings have begun, a ruling that has held up on appeal in several State Supreme courts, such as the Louisiana v. Hattaway case in 1993 as well as the New Jersey Pasqua v. Council case in 2006.
