The right to have an attorney if he cannot afford one is guaranteed by which amendment?

• A. 4th
• B. 6th
• C. 5th
• D. 8th

Answer: (B)

The key idea is the right to legal counsel in criminal prosecutions. The Sixth Amendment guarantees the accused has the assistance of counsel for their defense. This protection ensures a fair trial and, when a defendant cannot afford an attorney, early court precedent requires that one be provided to them. The landmark decision Gideon v. Wainwright extended this protection to indigent defendants in state courts as well, making sure they receive a court-appointed lawyer in criminal cases. This right is a fundamental aspect of due process and is applicable to both federal and state proceedings through incorporation.

The other amendments address different protections: the Fourth Amendment covers protection against unreasonable searches and seizures, the Fifth covers protections including against self-incrimination and certain due-process rights, and the Eighth covers prohibitions on cruel and unusual punishment. None of these establish a guaranteed right to appointed counsel in the way the Sixth Amendment does.