Right_to_Counsel

In the United States, we have several rights that have been put in place to help the American people maintain their rights against the government. There are also laws set in place to help protect the American people against the law enforcement agencies as well. The protection from law enforcement agencies comes in the form of protection from illegal search and seizure, and to make sure the accused has a right to counsel. In the Constitution of the United States, the Sixth Amendment was put in place to make sure the accused had the right to counsel so they would be able to understand the law and the charges that are being brought against them. Many individuals as citizens don’t have the knowledge to understand the laws and the jargon that is written with them. If they don’t understand it, then they can very well sign a guilty plea without knowing it. The right to counsel in the Sixth Amendment is there to make sure that someone is there to counsel the individual and explain the law and what charges are being presented. In the following paragraphs I will explain the right to counsel as well as explain self representation. According to Orin Kerr, defense attorneys were banned from the courts in the 16th and 17th century. By the late 17th century though, defense attorneys were allowed in court, but only to help with treason cases. This had changed by the 18th century though were attorneys were allowed in court during other criminal cases as well. In the United States Constitution, the Sixth Amendment reads as follows,” 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." U.S. Const. amend. VI”, (lectlaw.com) If the instance where someone is charged and they do not have the funds to acquire an attorney, the court shall appoint an attorney to represent them in a court of law. However when the right to counsel is to be determined, it become quite confusing. The guideline as to when the right to counsel attaches to the case is not clearly defined. The right to counsel can attach itself to when the suspect is being interrogated, during a preliminary hearing, and during arraignment. There are instances where right to counsel does not attach itself to the suspect. One instance where the right to counsel does not attach itself to the accused is when there is a police line-up before charges are brought against them. Someone cannot be counseled about the charges brought up against them before the charges are brought up. This explains why the rights to counsel does not appear during a police line-up before charges are pressed. Once the charges are pressed against the individual, the attorneys can begin their duty in either the prosecution or defense. Since the accused is guilty till proven innocent, the prosecution is given the duty to prove the accused was there or had some connection to the crime. The defense attorney is there to advise their client of the charges being brought up against them and the rights they have for their defense. The defense attorney is also there to explain to their client the different stages of the judicial system as the court cases passes through them. They are also to advise the client of what can be done to help them win the case and to determine if their rights have been violated in any way. Attorneys are also there to make plea bargains for their client. In many cases, a plea bargain can help the client as well as help the justice system, but if they are not careful they can make a bad deal for their client. Making a bad deal for their client not only hurts their client, but it can also hurt their profession as well. If an attorney is known for making bad deals when they are making a plea bargain, many people that have the funds to pay for an attorney are not going to go their way because of their record. This hurts the attorney in lost business as well as hurt them in lost cases. Self representation is another way for someone to represent themselves in court. The self representation scenario is when the accused freely chooses to represent themselves in a court of law. This is not a practice that is encouraged though, in minor cases the self representation may work just fine, but in other serious offenses the self representation method is best left behind. In more serious cases the advisement of an attorney is the best way to go. There are many reasons for someone to want to represent themselves though, mainly because of the cost of an attorney. The court is not going to appoint someone an attorney for a mild traffic violation and if they cannot afford an attorney, self representation would be the only way they could go. Depending on the plea that the accused is planning on giving is another factor in determining if someone is going to go with self representation or not. If the accused is going to give a guilty plea, then self representation would be the best way to save them the cost of an attorney. Before one decides to try and self represent themselves though, they want to know they have the ability to move themselves about in the legal system and the laws that are there. If they cannot do this with relative ease, then more than likely they will face more sever charges and possibly longer sentences than they would have received with the aid of an attorney. In conclusion, the right to counsel is there for the American public to use and to make sure they are effectively guided through the legal system of the United States. If someone is faces with serious charges and they do not possess the ability to hire an attorney to counsel them, the court will appoint one for them. Taking advantage of this right is highly recommended to those individuals facing sever charges. Since the right to counsel in place to make sure the client is safeguarded against unfair trials, it should be utilized if needed. References: http://www.lectlaw.com/def2/s107.htm http://blog.simplejustice.us/2008/03/17/scotus-today-when-does-right-to-counsel-attach.aspx http://www.nlada.org/Defender/Defender_Kit/NCRC