Gideon V Wainwright Case
The Sixth Amendment of the Constitution of the United Sates gives the right of any United States citizen accused of crimes the right to counsel in criminal procedure and their defense. To understand this process, one must understand the developments for the right to counsel, self-representation, and the roles of an attorney and when the right to counsel is attached.
Development of Right to Counsel In the 16th and 17th century, the law did not allow or provide for the use of attorneys in any court case, except for treason cases. It wasn’t until the 18th century in which the defendants were allowed to have an attorney. The constitution allowed for the use of attorneys, but most defendants represented themselves, while …show more content…
The case of Powell v. Alabama (1932) began the trek towards the Due Process Clause in the Fourteen Amendment, by stating not every client needed to be provided a lawyer, but rather due to special circumstances, a client should be provided one if they are unable to properly defend themselves (Zalman, 2011, p 297). It wasn’t until the case of Gideon v. Wainwright (1963) in which the Supreme Court incorporated the Sixth Amendment into the Fourteenth Amendment (Zalman, 2011). This guaranteed every felony defendant, regardless of financial status, the legal assistance required for Due Process and presented in the Miranda Warnings given …show more content…
They advise the clients of their rights, explains what can happen for each step of the criminal procedure and help ensure their client’s rights are not violated. The defense attorney must be knowledgeable and competent through all phases while failure in this can have disastrous consequences for the attorney and the defendant. The attorney will help with plea bargains arrangements, decide what is going to be the best course of action to defend the charges or help negotiate a guilty plea punishment. The defense attorney’s position does not end with the completion of the criminal trial. They will also be needed for the trial’s punishment phase, and any appeals process or parole hearings. The attorney must be able to develop a meaningful relationship with the client in order to provide the proper defense counsel. The Sixth Amendment guarantees the “effective assistance of counsel” for criminal defendants.
Conclusion
The criminal justice system has come a long way in providing Due Process for all defendants. Amongst all the opinions, one thing runs the same; each and every defendant must be provided adequate representation for their criminal cases. Whether or not the client can provide their own, legal assistance must be provided as to ensure the defendant’s rights are protected. The right to adequate counsel should never be a luxury only affluent people can provide, but thanks to the Sixth Amendment, every citizen has a right
Development of Right to Counsel In the 16th and 17th century, the law did not allow or provide for the use of attorneys in any court case, except for treason cases. It wasn’t until the 18th century in which the defendants were allowed to have an attorney. The constitution allowed for the use of attorneys, but most defendants represented themselves, while …show more content…
The case of Powell v. Alabama (1932) began the trek towards the Due Process Clause in the Fourteen Amendment, by stating not every client needed to be provided a lawyer, but rather due to special circumstances, a client should be provided one if they are unable to properly defend themselves (Zalman, 2011, p 297). It wasn’t until the case of Gideon v. Wainwright (1963) in which the Supreme Court incorporated the Sixth Amendment into the Fourteenth Amendment (Zalman, 2011). This guaranteed every felony defendant, regardless of financial status, the legal assistance required for Due Process and presented in the Miranda Warnings given …show more content…
They advise the clients of their rights, explains what can happen for each step of the criminal procedure and help ensure their client’s rights are not violated. The defense attorney must be knowledgeable and competent through all phases while failure in this can have disastrous consequences for the attorney and the defendant. The attorney will help with plea bargains arrangements, decide what is going to be the best course of action to defend the charges or help negotiate a guilty plea punishment. The defense attorney’s position does not end with the completion of the criminal trial. They will also be needed for the trial’s punishment phase, and any appeals process or parole hearings. The attorney must be able to develop a meaningful relationship with the client in order to provide the proper defense counsel. The Sixth Amendment guarantees the “effective assistance of counsel” for criminal defendants.
Conclusion
The criminal justice system has come a long way in providing Due Process for all defendants. Amongst all the opinions, one thing runs the same; each and every defendant must be provided adequate representation for their criminal cases. Whether or not the client can provide their own, legal assistance must be provided as to ensure the defendant’s rights are protected. The right to adequate counsel should never be a luxury only affluent people can provide, but thanks to the Sixth Amendment, every citizen has a right