Right to Counsel Elsie M Farias CJA 364/ Criminal Procedure March 27, 2013 Professor Horwath Right to Counsel The Sixth Amendment of the United States constitution grants the right of a person accused of a crime the right to counsel to aid and represent themselves. This is known as the Right to Counsel. The Right to Counsel is founded on the Right to a fair trial. If a defendant is unable to retain their own counsel, they have the right to request one to be appointed to them. The defendant also has the right to not retain or request a lawyer and this turns their representation to Pro Sea which basically means one waives all their rights.
You have the right to be free from intimidation or dissuasion. 3. You have the right to know when your impounded property can be released. 4. You have the right to receive a witness fee for lawful obedience to a subpoena.
PA260: Criminal Law | The Sixth Amendment | Unit 8 Assignment | Deveny Seagraves 5/11/2013 | Deveny Seagraves PA260: Criminal Law Unit 8 Assignment May 11, 2013 The sixth Amendment sets up a strong foundation to what the court system has to offer to the defendant. It states that “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.” (Findlaw) Under this amendment there are seven rights granted those rights are as followed; The right to a speedy trial, The right to a public trial, The right to be judged by an impartial jury, The right to be notified of the nature and circumstances of the alleged crime, The right to confront witnesses who will testify against the accused, The right to find witnesses who will speak in favor of the accused, and The right to have a lawyer. There are two pacific cases that I located while searching about the 6th amendment that I found interesting. Those cases are Powell v. Alabama 287 U.S. 45 (1932), and Gideon v. Wainwright, 372 U.S. 335 (1963). The seven rights granted under the 6th amendment play a valid role in what our courts should offer to the defendant.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
The jurors must not withhold any personal biases and must be completely honest in his or her answers. The next step in a jury trial is opening statements. Opening statements consist of both the defense and the prosecuting side to not present evidence in the case but what each side expects the evidence to show, and
Over the past twenty years, victims and their supporters have persistently pushed for improved victim involvement in the criminal justice system. Gradually, the United States has begun to take action on this issue. Even though remarkable steps have been made with the implementation of victim legislation and will carry on in the victims' rights field, not all states and officials have a similar opinion with the substance of victim rights legislation. Supporters have worked diligently for this mission and must continue their hard work to guarantee that all crime victims are granted rights that justly go to these victims and privileges that are no fewer than those given to wrongdoers. These rights have been given to victims through legislation
This is the Due Process Model at work. It is protecting the citizens from the state and federal governments from drawing out the trials, and allows for the citizen on trial to bring fourth witness and evidence to support their innocence in a court case. The state and federal government will have limited control over the sixth amendment in a case; such the Crime Control Model does not come into
9. Explain the rationale behind the U.S. Supreme Court’s ruling that indigent defendants must be provided with free-of-charge attorneys. In your answer be sure to make reference to the case of Gideon v. Wainwright. What types of lawyers may be appointed? 10.
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.