Week 3 Question 6
March 14th, 2012
Discuss the role of defense attorney’s in the courtroom workgroup. A defense attorney is a lawyer who provides legal representation for a person who has been arrested and charged for breaking the law or when an individual been served with a lawsuit. For example, when another individual filing the lawsuit goes after money for damages or justifiable relief of some sort. A very small portion of lawyers actually discuss that they work as criminal defense attorneys. This is because of the negative labeling assigned to the profession by American Social Forces. However defense attorneys are very important in the criminal justice system. They work to protect the innocent from being falsely convicted, and they work to protect the constitutional rights of all defendants. When a criminal defendant cannot afford to pay for the services of a private legal attorney, the United States Supreme Court requires that a defense attorney be appointed to represent the defendant. This expense is covered by taxpayers. There are three major categories of defense attorneys to help assist criminal defendants: * Private attorneys usually referred to as retained counsel. * Court appointed counsel.
* Public defenders
The Sixth Amendment assures the right to an attorney:
* Powell v. Alabama (1932)
* State right to an attorney in capital cases.
* Gideon v. Wainwright (1963)
* State right to an attorney in all felony cases.
* Argersinger v. Hamlin (1972)
* State right to an attorney when faced with potential imprisonment. * In re Gault (1967)
* State right to an attorney given to juveniles.
Defense attorneys have an important role to perform as a member of the “courtroom workgroup” and the ultimate dispensation of justice (FindLaw).
Findlaw.Com, Retrieved on March 14th, 2012