This website uses cookies to ensure you have the best experience. Learn more

The Aspects Of Right To Counsel

1192 words - 5 pages

The Aspects of Right to Council
Donna Chupurdia
CJA/364
July 16, 2012
John Hullar

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...

Other Essays Like The Aspects of Right to Counsel

Studies Pertaining To The Clinical Aspects Of Malaria

1032 words - 5 pages STUDIES PERTAINING TO THE CLINICAL ASPECTS OF MALARIA Malaria is a complex condition exhibiting different manifestations in different parts of the world depending on a few variables (Bin Mohanna et al. 2007). It was found that anemia and splenomegaly are significantly associated with malaria among asymptomatic schoolchildren in Hajr valley, Hadramout (Bin Mohanna et al. 2007). Agina and Abd-Allah (1999) conducted a case control study for the

The Right to Choose Essay

666 words - 3 pages  The Right to Choose Enforcing smoke-free rules has become a national, if not global issue. Businesses should have the right to enforce smoke-free rules if they so choose so, instead of being forced to by the government. Smokers denied the freedom to choose a place to enjoy a legal habit. If people can have the right to smoke despite knowing the harm it causes, then people can choose to go places that allow smoking. The smoking ban â

Right to Information Linked to the Right to Life

725 words - 3 pages INTRO: India is the largest democracy in the world. We all pay taxes. Even a beggar on the street pays sales tax when he buys anything from the market. This money belongs to us. But do we know where does this money go? RTI gives us a right to question governments. In 1975 SC declared that the citizens right to know flow's directly from the fundamental right to freedom of speech and expression.RTI is directly linked to the Right to Life

Euthanasia: the Right to Choose

2127 words - 9 pages . Everyone has their own morals and values, which is their God-given, constitutional right. In America, our society’s morals are based in part on religious beliefs. Most religions, especially Christian religions, feel that taking life is wrong and against God’s commandments. The Catholic Church feels strongly about euthanasia and encourages both the Catholic congregation and United States politicians to maintain the illegal status of euthanasia

The Right to Bear Arms

1296 words - 6 pages Since the early days of the pioneers, colonists and settlers, firearms have been part of the American tradition as protection for these individuals. As we near the end of the twentieth century the use of guns has changed significantly in a rate that no person could possibly imagine. Because of this fast and steady increases in crime, the fight for the right to own a hand gun has been a hotly debated issue in the recently years. The right to bear

Analysing the Right to Information

5382 words - 22 pages Briefing Paper CUTS CART 1/2010 Analysing the Right to Information Act in India ‘Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed’, says the preamble of the Indian Right to Information (RTI) Act. The act provides effective access to information for citizens of

The Right to Jury Duty

781 words - 4 pages The Right to Jury Duty Before 1972, those who owned their own home and were over a rateable value were eligible for jury service. The Morris Committee in 1965, estimated 78% of names on the electoral register didn't qualify for jury service, 95% of women were also ineligible, either because they lived in rented accommodation or were wives. The committee recommended the right to do jury service should correspond

Euthanasia: The Right To Die

1686 words - 7 pages , and refraining from use of CPR. Legal issues rarely arise from passive euthanasia. Physicians have the right to withhold food and water from comatose patients where swallowing is dangerous. Guardians and powers of attorney’s regularly sign DNR requests that give medical officials the right to refrain from resuscitating a patient. Removing a patient from life support when there is no hope is perfectly legal and very much acceptable. Active

The Social And Pragmatic Aspects Of Culture

1826 words - 8 pages (Griswold 2013:3). If this is so, then culture is deeply intertwined with the social world, and by extension, the study of sociology, as people's interactions work to develop, perpetuate and alter the aforementioned collective aspects of culture. This type of interdependence is what makes culture so important in the field of sociology. In addition to being considered a product of socialization, from a functionalist perspective, culture also serves

Key Aspects of the Islam/Muslim Religion

716 words - 3 pages The key aspects of Islam include the five pillars, the seven articles of faith, the prophet and the Qur'an. Together they hold and portray the basic beliefs and principles which make up the religion. The five pillars of Islam are expressions of faith required to be performed by Muslims, as part of their ritual duties. The first pillar is the Shahada, belief in no other god but allah and Muhammad as his prophet. The second pillar is the Salat

Declaration on the Right to Development

1678 words - 7 pages should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view to eradicating all social injustices. 2. States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights. Article 9 4 1. All the aspects of the right to development set forth in the present Declaration

Related Papers

Right To Counsel Essay

1598 words - 7 pages . In 1836 English defendants gain the right to be represented by paid lawyers in felony trials. Colonial America embrace the idea of using an attorney in criminal trials. So the federal Bill of Rights and most states’ bill of rights guaranteed right to counsel in criminal cases. During this time the right to counsel applied to those defendants who could afford to pay lawyers for their services. Most indigent defendants, people who could not

Various Aspects To The Idea Of Management

722 words - 3 pages There are various aspects to the idea of management; however, these aspects are into four managerial topics. The four topics are planning, organizing, leading, and controlling. These categories allow managers to create value, organize effectiveness, monitor performance, develop innovative ideas, and drive for results. No one organization or manager can perform all of these functions on their own on a daily basis-unless they are the only one

Evolution Of The Right To Petition

3518 words - 15 pages Evolution of the Right to Petition, and Modern Applications Back when I lived in Houston, TX there was a plan to place a small sewage treatment facility right next to the entrance of my neighborhood. As soon as residents heard of this plan they immediately gathered to petition our local government to stop these plans in their tracks. Soon after submitting their petition the group was met with a lawsuit from the company responsible for

Aspects Of Women's Spirituality In Tending To The Dying

3517 words - 15 pages |Aspects of Women's Spirituality in Tending to the Dying | |By Leslene della-Madre | |s Page