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CJA 364 Week 4 Individual Assignment Right to Counsel 2015 version

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The Right to Counsel

CJA 364

The Right to Counsel

Individual Right to Counsel

The American Constitution, particularly in its Sixth Amendment, grants the right of the accused to defend his case with a counsel either of his own preference or as appointed by court. This is known as the Right to Counsel of the accused. However, he also has the right not to avail of said right and waive it if he deems fit. Such a right is also applicable to those who are already taken into custody by the law enforcement officers. The Right to Counsel is very vital to every accused because it enables the creation and presentation of an equally balanced criminal justice system so as not to prejudice anybody’s rights (Sonneborn, 2004).

The Sixth Amendment and States

It is required for every State to grant the Right to Counsel for each of its citizen, especially to the defendants/accused (Sonneborn, 2004). This is guaranteed by the Sixth Amendment of the Constitution that renders it

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CJA 364 Week 4 Individual Assignment Right to Counsel 2015 version

  1. 1. CJA 364 Week 4 Individual Assignment Right to Counsel Link : http://uopexam.com/product/cja-364-week-4-individual-assignment-right-to-counsel/ Sample content The Right to Counsel CJA 364 The Right to Counsel
  2. 2. Individual Right to Counsel The American Constitution, particularly in its Sixth Amendment, grants the right of the accused to defend his case with a counsel either of his own preference or as appointed by court. This is known as the Right to Counsel of the accused. However, he also has the right not to avail of said right and waive it if he deems fit. Such a right is also applicable to those who are already taken into custody by the law enforcement officers. The Right to Counsel is very vital to every accused because it enables the creation and presentation of an equally balanced criminal justice system so as not to prejudice anybody’s rights (Sonneborn, 2004). The Sixth Amendment and States It is required for every State to grant the Right to Counsel for each of its citizen, especially to the defendants/accused (Sonneborn, 2004). This is guaranteed by the Sixth Amendment of the Constitution that renders it absolute in nature. As compared in the first amendment, such right was not given to the accused and was incorporated only when the necessity of such right is needed so as to protect the accused. It has been tainted with controversy, claiming that this affords an equal right to a criminal the same as an innocent person. However, it shall be considered that all are presumed innocent until proven otherwise. Hence, the accused should nevertheless be protected. Ratification Understanding and analyzing the Constitution is needed in order to have a strong case to defend and prosecute one’s cause most especially when the basis is derived from the same. Hence, provisions embodied therein must be understood with the intended meaning of the framers. Through time, there have been many improvements made which has resulted to the number of ratifications made. Every ratification must be understood in order for the effectiveness of the criminal justice system. A product of such ratifications is the Sixth Amendment of the Constitution. This embodies the influence of colonial Americans during war with the English men wherein some of the rights of the people were transgressed and taken advantage of as it was actually used as in contrast with the cause of the accused, believing that the counsel for the latter will not exert the needed effort to uphold the cause of his client, since nothing the Constitution at that time gave the right of people to counsel. Hence, those who do not have the means to hire one due to causes most commonly poverty will have no chance to defend their cause since t
  3. 3. http://uopexam.com/product/cja-364-week-4-individual-assignment-right-to-counsel/

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