Every citizen living in the United States has the right to be well represented even if he or she is accused of a crime no individual can be accused of a crime without a fair trial and legal representation. When a criminal is being prosecuted he or she has the right to enjoy an assistance of counsel for his or her defense. This right is granted to every defendant to have an attorney represent them as soon as they are taken into custody by Law enforcement officials. “The six amendment is the primary source of right to ounsel”. (Zalman,2008) In this paper I will analyze the aspects of right to counsel. I will also examine the development of right to counsel and when the right to counsel attaches to criminal procedures, as well as the write to self-representation. In addition I will define the role of an attorney in the criminal justice system as it applies to right to Counsel. The right to counsel first began with a reaction that America had, America did not enjoy how the English practice. The English would deny their people the right to an attorney in serious criminal cases.
Defendants had to appear in court by themselves and represent themselves. The trial of Queen Mary in 1586 was a case that illustrated how unfair to say the least the English practice was. “ Queen Mary was charged with treason for already conspiring to assassinate Queen Elizabeth I. Mary asked for assistance of Counsel, pleading that “the law and statutes of England are to me most unknown; I am destitute counselors… and no man dareth step forth to be my advocate”. (Winick,1989,787) Her request were denied, and Mary was summarily convicted and xecuted by decapitation”. (legal-dictionary) In 1932 the interpretation of this law began to change and instituted onto the six amendment as well as the fourteenth amendment, and Due process law. This interpretation began to evolve in the case of Powell v. Alabama where nine black individuals were in a fight and accused of raping a white girl in a train in Alabama on March 25, 1931. When these black kids were caught and taken into custody and were not able to contact their parents. They were convicted of the crime and sentence to death on April 6.
The Essay on Self defense In Criminal Cases
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The attorney that represented these young kids was unprepared, the kids appealed and were able to get an attorney that build a case in their favor. The Supreme court later reversed the conviction of these kids due to the violation of the Due process rights by appointing these kids an unprepared attorney. Which was a violation of their due process right. A decade later the Powell case the case of Betts v. Brady in 1942 came about, this case was a setback to the incorporation of the six Amendment. “Betts confirmed the special circumstances rule of Powell.
Betts a Farmhand, was indicted for non capital robbery. Not having the money to hire a lawyer, he ask the judge for appointed counsel at his arraignment. The judge refused, saying that the Carroll county court appointed counsel for indigent defendants only in prosecutions for murder and rape. Betts pleaded not guilty and defended himself in a non-jury trial before the judge”. (Zalman,2008) Betts was found guilty and sentence to eight years. Justice Black a spirited dessent urged incorporation of the six amendment right to counsel to the fourteenth amendment.
He argued that no men or women can appropriately defend Themselves in a criminal case without a proper defense counsel, he states that it’s unfair and violation of the due process. The development of right to counsel was implicated centuries ago as the United States wanted to distance themselves from the English law. Like any other law it took time to develop and evolve with time people began to see how the law began to evolve. Such like the case of Powell v. Alabama, Johnson v. Zerbst, and so on. All these cases have paved the way to where we are now. Where everyone has the right to counsel hether they are rich or poor. The right to counsel attaches to an individual when a court proceeding is underway against a defendant, it also attaches when an individual is being interrogated by officers, in a preliminary hearing, custodial interrogation, lineup identification, etc. Self representation a defendant chooses to defend him or her self in court.
The Essay on Miranda V. Arizona Case: How It Changed Law Enforcement
The “Miranda rule,” which makes a confession inadmissible in a criminal trial if the accused was not properly advised of his rights, has been so thoroughly integrated into the justice system that any child who watches television can recite the words: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an ...
This kind of representation is never recommended to a individual. “Self-representation reflects the American value of self-reliance and a distrust of lawyers. It also may conflict with the right to a fair trial”. Zalman,2008) When self-representation happens the defendant usually has some sort of assistance in order to have a chance to win the case. Such in the case of Angel Davis “Angela Davis, an African American communist and philosophy Instructor, was tried in California for abetting the murder of a judge in the Soledad brother case. She won an acquittal in 1972. She represented herself, but had substantial assistance”. (Zalman,2008)
The right of an attorney in the criminal justice system as it applies to right to counsel is to give the defendant advise and explain the different stages of the process, aking sure that the defendant understand that he or she is not guilty until proven guilt, making sure the defendant knows that a plea bargain may happen in order to reduce sentence. From arraignment to sentencing the attorney will do whatever it takes whether it’s calling witnesses, evidence, investigating facts, the attorney will do whatever it takes to find his or her client not guilty of the charges. As we can see it’s vital to counsel an attorney in order to understand your rights and get the comfort that you have someone by your side that will protect you till the
End. As a nation we have evolved this law from when it began till now. Many cases such as the Powell v. Alabama, Johnson v. Zerbst, Betts v. Brady, and so on have had a significant impact on the right to counsel and because they fought their rights, this law is helping everyone today no matter whether they are rich or poor. References www. legal-dictionary. com Right to counsel Criminal Procedure: Constitution and Society, Fifth Edition, by Marvin Zalman. Published by Prentice Hall. Copyright ©2008 by Pearson Education, Inc.
The Research paper on Case Study 37
Debbie Richardson is in her fourth year at Lamb Consulting and has recently been approached by Susan Gatewick, a project manager for Bob Hachet. Susan confided to Debbie that when she first came to Lamb Consulting she began going to lunch with Bob and frequently spoke with him about personal issues in both of their lives. Bob would give Susan neck rubs and tell her that she was beautiful and Susan ...
