Affording an attorney...

Jim Choate ravage at einstein.ssz.com
Thu Apr 5 15:59:31 PDT 2001



On Thu, 5 Apr 2001, Trei, Peter wrote:

> Much as I hate dirtying my hands by dipping into our current Choatian
> Black Hole, my reading of this is not that they *must* supply you with
> an attorney, but rather that the State cannot *deny* you one - if you 
> show up with a lawyer, they cannot tell him to take a hike.

                                Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.

Where is the phrase 'can't deny'?

It says 'and to have assistance of council for his defence', there are no
conditionals in there.

Further the state has a 'compulsory process' (look up the word compulsory)
which clearly includes a lawyer. There is no statement that it is the
defendent which must supply it. In fact NOTHING in this amendment
addresses what the defendent MUST do at all.

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