The right to counsel is often considered as a right to a fair trial as enshrined in the Sixth Amendment of the United States Constitution. The Amendment states that it is the right of a defendant to be represented by an attorney. In case they cannot afford legal services, the government is mandated to ensure that they are represented by a legal counsel. Every defendant has the constitutional right to be represented by legal aid (Silva, 2012). The right to legal counsel was successfully pushed for by an unlikely America hero by the name Clarence Earl Gideon. He successfully ...
Essays on Public Defenders
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Introduction
The issue of heavy caseloads in the criminal justice system has garnered much attention recently and the overbearing caseloads are seen as one of the serious executive challenge faced by the prosecutors, courts, public defenders, and police. The national commissions have frequently protested about the overcrowded and overworked criminal system. The quantitative demands of the cases that flood in surpass the capabilities of the resources and ways of the justice system as stated by Israel (1996). However, the extremely high levels of caseload found today are not newly discovered phenomena as there were substantially high caseloads during the 1920s. ...
Public defenders are often negatively portrayed in the media and popular culture. They are unfairly stigmatized and stereotyped as being incompetent, overworked, and lazy. While the prosecutor is responsible for zealously bringing forth and proving criminal charges against the defendant, it is the public defender’s job to zealously advocate and protect the defendant’s individual rights. In the community corrections realm, the role of public defenders should be to represent these low-level offenders and ensure that throughout the adjudication process, their rights are preserved. Within community corrections, a public defender may represent juvenile offenders or defendants who are ...
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ORDER AN ESSAYIntroduction
A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer and ...
H.R. 1412, the Justice and Integrity Act of 2009
H.R. 1412, the Justice and Integrity Act of 2009 A Report from Rep. Steve Cohen (d-tenn.), Discussing Racial Disparities in the Criminal Justice System That He Can Use To Move This Bill Forward in Congress
Introduction
According to Research Advocacy for Reform (2013), male Americans of black descent are six times more likely to be imprisoned than white males. Additionally, they are 2.5 times more likely to be incarcerated that Hispanics. If this trend continues, it is clear that every black American born today should expect to go to prison ...
Private attorney, Court-appointed attorney, and Public defender
There are three different ways through which the defense attorney can give assistance to an individual in their cases. The three are; hiring a private attorney, use of a court appointed attorney, and use of an attorney that is provided by the public defender’s office. There are significant differences that are observed among the three categories of attorneys. Another difference arises from the way these attorneys operate. For the case of private attorneys, it can be said as a form of business undertaking. They usually have their own private law practice or working at law practice. This explains the reason ...
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