Right to Counsel Article (Article Sample)
You are a guest writer for a legal aid blog. You noticed in the comments that several people have asked questions about right to counsel and whether or not they have a right to counsel based on their situation. To address this need, you decide to write an article on the topic. Analyze two cases involving right to counsel and refer to these cases in your article. Write a 700- to 1,050-word article about right to counsel that addresses the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Format your article consistent with APA guidelines.source..
Right to Counsel
Right to Counsel
The right to counsel is a fundamental right of citizens entrenched in the constitution of the United States. It arose due to inconsiderate English practices adopted in the States that denied defendants legal assistance in weighty criminal cases causing them to defend themselves in courts of law. The whole concept has developed significantly over time for purposes of establishing confidence and â€˜due processâ€™ in the justice system. It has also drawn much anticipated attention due to its development, which has reached a point where even prominent attorneys utilize private counsel when subject to criminal proceedings. This development can however be traced to back in 1695, where for the first time English courts allowed accused persons to be represented by counsel. For this period up to early 19th century, counsel representation in courts was allowed at the discretion of court officials (judges). It was not until 1836 that the legislative assembly passed a law allowing defendants to be represented by legal counsel at their own expense (The Free Dictionary, 2014).
Over the years, the accusatorial nature of the United States criminal justice system caused an increase in the need for utilization of legal counsel or attorneys by defendants- it has become a necessity per se. In fact, the usage of legal counsel is an important tool for keeping checks and balances in the highly adversary justice system of the United States (Tomkovicz, 2002). The countryâ€™s constitution in the â€˜Sixth Amendmentâ€™ indicates that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistan...
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