Which amendment provides the right to counsel and to confront witnesses?

• A. Fourth
• B. Sixth
• C. Eighth
• D. Fifth

Answer: (B)

Primarily, this question tests the protections afforded to a defendant in criminal proceedings by the Sixth Amendment. This amendment guarantees the right to have the assistance of counsel for the defense, even when the defendant cannot afford an attorney (Gideon v. Wainwright), and it also guarantees the right to confront and cross-examine witnesses presented by the prosecution. The combination of these rights helps ensure a fair trial by providing legal representation and the opportunity to challenge testimony. The Fourth Amendment covers unreasonable searches and seizures, not counsel or witness confrontation. The Fifth covers due process, self-incrimination, and double jeopardy, while the Eighth protects against cruel and unusual punishment. Therefore, the rights to counsel and to confront witnesses come from the Sixth Amendment.