...RIGHT TO COUNSEL 1 Originating when the sixth amendament was ratified on December 15, 1791 the right to council in the United States was born. This amendment states the following. “In criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed. Also, the district shall have been previously determined by law, and to be informed of the nature and cause of the accusation. To be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (Amendment 6, 2009). Development of the Right to Counsel The Constitution specifies that the accused possess the right to counsel however, there is no specifications which states that counsel will be available from the government for the individual who have been accused. In most cases, only individuals who are afforded the employment of an attorney would have the indulgence of being represented by one. The right to counsel is a service no longer just limited to adults or to individuals who have financial means of being able to retain attorney but any individual who requests representation. At one time, the right to counsel was a service that was offered to those individuals involved in cases being tried within a criminal trial; however, this is no longer the scenario. Right to counsel can be for any case; criminal, family...
Words: 1188 - Pages: 5
...Right to Counsel Dimitria Jackson CJA/ 364 Criminal Procedures May 22, 2012 Michael Harrison Right to Counsel One of the most important rights awarded to the accused is the right to be represented by an attorney. Most individuals accused of a crime will most likely not have an adequate defense without the assistance of counsel. The development of the right to counsel in the twentieth century focused on the issue of whether the state had to pay for attorneys for individuals what are indigent or to poor to pay. Because of Powell v. Alabama, the Court found that in particular cases, state courts had to provide free counsel to criminal defendants. In addition, the right to counsel attaches at the initiation stage of the criminal proceedings. Separate from the Sixth Amendment right to counsel and prior to the initiation stage, an individual has a Fifth Amendment right to counsel during custodial interrogation as well. Zalman (2008) stated “Counsel is required at a pretrial proceeding if it is one in which factual determination can be made that could determine the outcome of the case and in which a lawyer plays a significant role” (p. 337).The adversarial nature of the trial process makes even routine cases dependant on trained, competent lawyers. A defendant without counsel is at an extreme disadvantage. Development of the Right to Counsel In the past, the right to counsel meant the right to retain counsel; that is, if the defendant could afford an attorney, he had the...
Words: 1214 - Pages: 5
...Right to Counsel Lionel James CJA/364 December12, 2011 CHARLES MC CLELLAND Right to Counsel Introduction: The primary source of the right to counsel is the Sixth Amendment. It states in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for defence. In this article, the development of the right to council will be discussed as well as when the right to council attaches to criminal procedures. The right to self- representation and the role of attorneys as it applies to right to council will be discussed as well. The development of the right to counsel: The Supreme Court in 1932 began to define the right to counsel and years later it applied it to the Sixth Amendment right to states. It incorporated that right into the Fourteenth Amendment. In the Powell v.Alabama (1932), the Court found that under certain circumstances state courts had to provide criminal defendants with free counsel. (Zalman,2008). The main issue in the Powell case was whether the defendants ‘due process rights were violated by the denial of the right to counsel, with the accustomed incidents of consultation and opportunity of preparation for trial.(Zalman,2008). Betts v.Brady (1942) was a setback to the incorporation of the Sixth Amendment. Betts confirmed the special circumstances rule of Powell. Betts, a farmhand, was indicted for noncapital robbery. Not having the money to hire a lawyer, Betts asked the judge for appointed counsel at his arraignment...
Words: 1109 - Pages: 5
...Right to Counsel Yolette T. Pepe Kaplan University Introduction to Law LS102-03 Prof Young February 15, 2011 Right to Counsel The root of all American laws are found in English law. In England, people who were charged with felonies had no right to hire a private attorney, though it was allowed sometimes in special circumstances. After the Glorious Revolution in 1688, Parliament passed a law allowing people accused of treason the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America...
Words: 1516 - Pages: 7
...people who were charged with felonies had no right to hire a private attorney, though it was allowed sometimes in special circumstances. After the Glorious Revolution in 1688, Parliament passed a law allowing people accused of treason the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America, some states showed a greater concern for the impoverished defendant than did the federal government. These states provided for the appointment of counsel in cases punishable by death, with some states...
Words: 863 - Pages: 4
...Running Head: Right to Counsel Paper Right to Counsel Paper By: University of Phoenix Course: CJ364 Instructor: Darrick Kinchen Date: December 05, 2011 Right to Counsel Paper The right to counsel is a right that was largely developed in the 20th century; this right has become an expectation through many court cases. One also may enjoy the right to represent themselves in a criminal proceeding. In the following it will be discussed about the developments of these rights and additionally the role of an attorney in the criminal justice system will be discussed as it applies to the right to counsel. Zalman (2008) “The twentieth-century growth of urban populations and bureaucratic, multi-judge courts required that ad hoc methods of providing lawyers for indigents be replaced with more formal legal aid and defender systems. Some cities and states began to do this in the early twentieth century. But under the U.S. Constitution, there was no obligation in federal or state criminal trials that the government, which was prosecuting the defendant, had any obligation to ensure a fair trial by providing defense counsel. In 1932, the Supreme Court began to define the right to counsel.” In Powell V. Alabama this case set a benchmark for the right to counsel, as in before this case in 19322 there was never...
Words: 906 - Pages: 4
...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 must prove their case; the defense attorney must try to dis-prove what the evidence and the prosecuting attorney bring out in court. The majority of cases get pled out because the courts in America are bogged down with too many cases. Additionally, a defense attorney’s case load is usually quite full and especially if they work for the state they reside in, which would make them public defenders. Public defenders are paid by each state as well as district attorneys and prosecutors, but their functions, and responsibilities are much different. The district attorney and the public defender may seem as though they are in ‘cahoots’, but they are not; in fact that are adversaries. They may have a good work relationship and especially if they are in the same courtroom working together for months...
Words: 1171 - Pages: 5
...Evaluation of a Business Code of Ethics Carla Ugarte PHL/323 10/11/12 G. Edward McCullough Business Code of Ethics In every industry, business and organization the importance are made from the quality of work that holds value. Mistakes can be formed from detrimental errors created. Solutions that are performed and behaviors that are presented hold the same value. Monsanto concurs the surroundings of importance with contributing attributes and to be proactive with the initiative of each area involved in company policy. Code of conduct With a commitment to involve ethically and mature standards to employees, community members, our customers, other key stakeholders, and the Public environment states the Monsanto Pledge. Give the definition on decision-making and what we believe in. To perform with foundation of integrity we stand by. Integrity includes transparency, decency, and courage. With commitment to building on those values, we encourage: • Dialogue: Transpire your direction for future readiness. • Respect: Express knowledge for cultural of event and individuals • Clear Transparency: Information will remain relevant for acknowledgement • Sharing: Share knowledge for instructions and direction. • Own your stake: Own up to your role and set points among your instruction • Workplace: Diverse your portfolio for sharing in the environment of earning. (Monsanto 2010) Issues of problem solving The code of conduct Monsanto defines is one of commitment...
Words: 1242 - Pages: 5
...University of Phoenix Material Right to Counsel Determining the right to counsel depends on the circumstances of a case. For this assignment, you have three options to choose from to demonstrate what you have learned about the right to counsel. Select and complete one of the following assignments: Option 1: Right to Counsel Presentation Option 2: Right to Counsel Attorney Interview Option 3: Right to Counsel Article Option 1: Right to Counsel Presentation Analyze two cases involving right to counsel and document your observations in a 7- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation. Address the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Include videos, audio, photos, diagrams, or graphs as appropriate. Format your presentation consistent with APA guidelines. Option 2: Right to Counsel Attorney Interview Research one case involving right to counsel using the Internet or University Library. Analyze the case and identify...
Words: 514 - Pages: 3
...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
Words: 7110 - Pages: 29
...'S SIXTH AMENDMENT RIGHT TO COUNSEL WAS PROTECTED WHEN APPELLANT 'S COUNSEL WAS PRESENT DURING THE LINE-UP PROCESS AND POLICE INTERVIEW IS NOT A CRITICAL STAGE OF THE CRIMINAL PROCEEDING WITHIN THE ASSISTANCE OF COUNSEL GUARANTEE OF THE SIXTH AMENDMENT BECAUSE THERE IS NO FACE TO FACE CONFRONTATION The Sixth Amendment states that the accused shall enjoy the right to the assistance of counsel for his defense in all criminal procedures. However, police interview is not a critical stage in a criminal proceeding within the meaning of the Sixth Amendment rights. This section will demonstrate that the appellant's Sixth Amendment was not violated because the lineup turned into a police interview when the witness switched rooms. Police...
Words: 1871 - Pages: 8
...Right to Council Valerie Perez CJA/364 5/13/2013 Daniel Hanke Right to Council Right to council is a right that is stated in the Constitution of the United States. The 6th Amendment clearly states that the defendant has the right to council. According to Cornell University Law School (1992-2013), the 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (para. 1). In other words, defendants obtain the constitutional right to be represented by an attorney during a trial even if the defendant cannot afford one. When one cannot afford an attorney the government appoints one to handle one’s case, at no cost. At almost every important phase of the criminal process, the suspect has the right to a lawyer. The right to council is important to defendants because they are the ones who will be most likely facing charges and without the right to counsel defendants run the risk of serving a long term jail time and/or death. * This paper will analyze two cases and discuss how the historical development of right to counsel relates to the...
Words: 1232 - Pages: 5
...the right of confrontation. In this case a guy was charged with sexual assault of 2 girls and they testified by placing screen between the victim and the accused. The judge could see them and the accused could barely, but the girls could not see the accused. The case was reversed because the accused filed to the Supreme Court that the right of confrontation had been violated (p. 164). 2. One case of an accused right to assistance of counsel is the case of Moore v. Michigan. This case made it so the defendant has the right to counsel when submitting a guilty plea to the court. A second case that deals with the right to counsel is Townsend v. Burke made...
Words: 511 - Pages: 3
...accused shall enjoy the right … to have the assistance of counsel for his defense” (law). Although the right to counsel is found at the very end of this amendment, it is just as important as the right to a speedy and public trial, or the right to an impartial jury. In 1961, a man named Clarence Earl Gideon was arrested in the state of Florida. He requested an attorney because he could not afford one, but this request was denied by the judge. Two years later, the Supreme Court heard and decided on a case called Gideon v. Wainwright, where it was stated that the Sixth Amendment’s right to counsel was essential to a fair trial. It therefore became unconstitutional to deny counsel to a poor person facing a felony charge. Gideon v. Wainwright was a remarkable Supreme...
Words: 1633 - Pages: 7
...Historically, what has the right to counsel guaranteed? How did Gideon v. Wainwright change this? Historically, it was customary for individuals to represent themselves during trial. The legal system back then was certainly not the complex web that it is today, so the demand for lawyers was low. The Sixth Amendment right to counsel was considered more of a luxury rather than the fundamental right we consider it to be today. If an individual wanted a lawyer to represent them in court, they would be responsible for finding a lawyer and paying for their services. This classist application of the Sixth Amendment let a lot of people fall through the cracks and “brought about complaints over economic discrimination”. This issue was first addressed...
Words: 378 - Pages: 2
