Right To Counsel

Right to Counsel

CJA/364
05/25/2014

Right to Counsel
Right to Counsel The right to be represented by an attorney is one of the most important rights that are awarded to the accuser. The accused person of a crime usually does not receive adequate defense without having the assistance of counsel. In the twentieth century, the development of the right to counsel mainly focused on the issues of whether the state had to pay for the poor’s attorney. With the case of Powell v. Alabama, the court found that free counsel had to be provided as well. The Sixth Amendment of the right to counsel prior to the initiation process, individuals has a right to counsel, which is the Fifth Amendment right. Zalman (2008) stated” Counsel is required
The Fifth Amendment’s primary purpose is to make sure that police officers do not overwhelm the suspect during the interrogation process while they are in custody. Furthermore, it helps in the prevention of self-incrimination while in custody interrogations. Individuals who face criminal proceedings within the court system will be protected by the Sixth Amendment. “The Sixth Amendment right to counsel attaches when formal criminal proceedings have been initiated against him whether by way of formal charges, preliminary hearing, indictment, information, or arraignment” (Ferdico, Fradella, and Totten, 2012, p. 522). No offer should participate in behavior in which can bring incriminating responses upon the defendant without their counsel being present or the defendant waiving their rights to counsel. The defendant should not be questioned by anyone without an attorney present, unless the defendant waives their Sixth Amendment rights to obtain
“The accused has a constitutional right to counsel, and if the defendant cannot afford an attorney, the state must provide one” (p. 161). A public defender will be appointed by the court if the defendant is indigent. Although, if the accused can afford counsel, they may hire their own counsel through a private sector. The defense attorney’s role is to simply provide fairness and adequate defense for the accused. The defense attorney’s job is to fight for the state’s case against the defendant as well as to avoid the conviction of an innocent individual. They have to provide legal counsel to the defendant in avoiding the conviction of an innocent defendant. They have to also provide legal counsel to protect the constitutional rights of the defendant. Also, the case that is built by the defense will guarantee that the defendant will not be wrongfully convicted of criminal actions if they are