ABSTRACT
Notwithstanding the Sixth Amendment jurisprudence of the Supreme Court, defendants can face serious challenges obtaining access to counsel in lower criminal courts. This chapter shows, first, that depending on the court into which defendants are haled, the likelihood with which they will access counsel, and their ability to rely on rules that guarantee that access vary substantially. Second, this chapter reviews evidence of the barriers that come between defendants and counsel, distinguishing four categories: systemic, procedural, logistical, and individual. Last, the empirical evidence of the impact that the lack of access to counsel has on defendants themselves, both in terms of their experience of criminal legal processing, and the case outcomes they receive is considered.
