The __________ to the U.S. Constitution provides that 'in all criminal prosecutions, the accused shall enjoy the right to have Assistance of Counsel for his defense'.

The __________ to the U.S. Constitution provides that 'in all criminal prosecutions, the accused shall enjoy the right to have Assistance of Counsel for his defense'.

• A. 6th Amendment
• B. 14th Amendment
• C. 8th Amendment
• D. 4th Amendment

Answer: (A)

The right to have the Assistance of Counsel for one’s defense in criminal prosecutions comes from the Sixth Amendment. It directly states that in all criminal prosecutions the accused shall enjoy this right. That exact protection is the reason this option is the best choice. The Fourteenth Amendment later plays a role in making most of the Bill of Rights applicable to the states, through due process, which is why Gideon v. Wainwright extended the right to counsel to state prosecutions as well, but the specific source text in question is the Sixth Amendment. The other amendments don’t provide this guarantee—they address different issues (unreasonable searches and seizures in the Fourth Amendment, cruel and unusual punishment in the Eighth).

The right to have the Assistance of Counsel for one’s defense in criminal prosecutions comes from the Sixth Amendment. It directly states that in all criminal prosecutions the accused shall enjoy this right. That exact protection is the reason this option is the best choice. The Fourteenth Amendment later plays a role in making most of the Bill of Rights applicable to the states, through due process, which is why Gideon v. Wainwright extended the right to counsel to state prosecutions as well, but the specific source text in question is the Sixth Amendment. The other amendments don’t provide this guarantee—they address different issues (unreasonable searches and seizures in the Fourth Amendment, cruel and unusual punishment in the Eighth).