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Congressional ______
Research Service
Informing the leg iitive debate since 1914
Criminal Defendant's Sixth Amendment
Right to Autonomy in Maintaining Innocence
Alison M. Smith
Legislative Attorney
June 4, 2018
Is the Sixth Amendment violated when defense counsel concedes his competent client's guilt despite the
client's 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 counsel's advice and trial strategy. While this decision
has been described by some observers as significant or even groundbreaking in its recognition of a
defendant's [a]utonomy 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 decision's 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 ajury trial. But McCoy's attorney believed the
evidence against his client was overwhelming, and he determined that the best strategy to spare his
client's life was to concede guilt and hope for leniency during the sentencing phase. McCoy was
adamantly opposed to this plan. Contrary to his client's objections and testimony, the attorney told the
jurors that, after reviewing the evidence, there was no way reasonably possible that they would reach
any other conclusion than [the defendant] was the cause of these individuals' death. The jury returned
convictions for three counts of murder and sentenced McCoy to death. McCoy unsuccessfully sought a
retrial. The state supreme court affirmed the trial court's ruling allowing McCoy's defense counsel to
concede guilt despite McCoy's objection. The Supreme Court granted certiorari on the question of
whether McCoy's Sixth Amendment rights had been violated.
The Sixth Amendment to the U.S. Constitution provides certain rights to a criminal defendant including
the right of the Assistance of Counsel for his defence. This guarantee is imposed on the states by the
Due Process Clause of the Fourteenth Amendment. Generally speaking, the accused is the master of his
own defense. To this end, Supreme Court jurisprudence has distinguished between fundamental
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