The Aspects of Right to Council
July 16, 2012
The Aspects of Right to Council
The Sixth Amendment was ratified on December 15th, 1791, guarantees the accused the right to council in federal cases (Adams, 2012). The Fourteenth Amendment extends the right to council in all state and federal cases. The role of an attorney is to represent to the best of their ability and defend the rights of their client. Defense attorneys are sworn to defend the accused regardless of their presumed guilt or innocence (Mathewson, 2009). Prosecuting attorneys must bring forth the evidence and present it to a jury of their peers (Mathewson, 2009).
A prosecuting attorney ...view middle of the document...
A person also has the right to waive his or her right to council and defend themselves, although this is not recommended (Adams, 2012). The criminal justice system is very complex and without proper legal training, the average person would not fare well.
Criminal attorneys are very under-appreciated, until they are needed (Aucoin, 2012). A trial without a prosecuting or defense attorney would be a mockery of justice. There is a balance in place in the criminal justice system, which exists because everybody plays their own role.
The criminal justice system in America is an adversarial and accusatorial model, and criminal procedure is in place so the rights of the defendant and interests for the state’s prosecution are balanced (LexisNexis, 2012). There is a precedent structured behind the design of Americas system, and this structure is the rights of the defendant when he or she are accused.
Each state has their own set of statutes that will govern the body of that state’s criminal codes. A defense attorney stands as an adversarial model that fights for justice by learning and interpreting the laws, presenting, and arguing their case, and protecting the rights of the defendant by trying to ultimately into persuading the court into ruling that the defendant be ‘not guilty’ (LexisNexis, 2012). The prosecution has to meet the ‘burden of proof’ to prove that the defendant is guilty of the charges that he or she is accused of by the state, or federal courts.
The legal system can be very confusing so the law is best left to the lawyers when someone needs to fight for his or her rights in a court of law. The legal system in America is constantly evolving, and it is a very complex structure because laws change all the time and the application of those laws vary by state, and depending on the circumstances (LexisNexis, 2012).
The primary goal of the criminal legal process is to achieve justice by either protecting the rights of the accused, or by protecting the safety of society by putting away the bad guys. When a defendant will go to court and during the criminal trial his or her civil liberties are at stake, and it is for this very reason that the criminal process was designed to ensure that anyone that is accused will receive a fair trial. The founders of the United States of America were concerned with the judicial process that they knew of back in the 1700s, so as a result they added the Bill of Rights, which are the first 10 Amendments, to the United...