[20180604]LSB10143_刑事被告人第六修正案中的无罪自主权.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Criminal Defendants Sixth Amendment Right to Autonomy in Maintaining Innocence June 4, 2018 Is the Sixth Amendment violated when defense counsel concedes his competent clients guilt despite the clients expressed objection? In a 6-3 decision, the U.S. Supreme Court answered yes. In McCoy v. Louisiana, the Court held that the Sixth Amendment guarantees the right to a personal defense which includes choosing to maintain innocence despite counsels advice and trial strategy. While this decision has been described by some observers as significant or even “groundbreaking” in its recognition of a defendants “autonomy to decide that the objective of the defense is to assert innocence,” others, including the three Justices who dissented in McCoy, have suggested that the decisions application may be limited. McCoy was charged with three counts of murder under Louisiana law and potentially faced a sentence of death if convicted. He maintained his innocence, claiming that he was elsewhere during the commission of the murders. He pleaded not guilty and insisted on a jury trial. But McCoys attorney believed