Right to Counsel Paper

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Right to Counsel Paper
Joslyn R. Ollila
CJA/364
09/17/2012
Chris Bragg

Right to Counsel Paper
To analyze and understand the aspects of the right to counsel one must understand the Sixth Amendment of the Constitution of the United States which states that; any person that is a U.S. citizen accused of a crime will have the right to counsel during a Criminal Procedure that helps aid the defendants or person accused defense. In this paper I am going to analyze the aspects of the right to counsel and the developments of the right to counsel in depth. Criminal Procedures included in the right to counsel and when self-representation came about will also be discussed. Also the role of an attorney and how it applies to our right to counsel. To understand the Right to counsel one must understand the when it and how long ago it began. In the 16th and 17th century’s Criminal Defense attorneys were actually banned from certain criminal cases which prevented people from proper rights and justice. Later in the 17th century Criminal Defense attorneys began to be allowed in treason cases (which previously were not), by the 18th century almost all criminal cases could have a defense attorney. The reasoning behind these changes was due to the Amendments of the Constitution as well and ratification of some of these Amendments I will discuss later in this paper. The Amendments of our Constitution focus highly on fundamental Rights which safe-guard us against federal and state actions giving us a right to the Due Process of Law. Included in these rights were a suspect accused of a crime was aloud a right to counsel aid during interrogations and Criminal Prosecutions. Under the Fourteenth Amendment it is a violation to convict a defendant without a counsel aid which violates those individuals’ rights. The purpose and reasoning behind these rights of counsel aid is to lead to a fair trial. Our right to counsel in the United States is a right...
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