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The Aspects of Right to Counsel

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The Aspects of Right to Council
Donna Chupurdia
CJA/364
July 16, 2012
John Hullar

The Aspects of Right to Council
The Sixth Amendment was ratified on December 15th, 1791, guarantees the accused the right to council in federal cases (Adams, 2012). The Fourteenth Amendment extends the right to council in all state and federal cases. The role of an attorney is to represent to the best of their ability and defend the rights of their client. Defense attorneys are sworn to defend the accused regardless of their presumed guilt or innocence (Mathewson, 2009). Prosecuting attorneys must bring forth the evidence and present it to a jury of their peers (Mathewson, 2009).
A prosecuting attorney must prove their case; the defense attorney must try to dis-prove what the evidence and the prosecuting attorney bring out in court. The majority of cases get pled out because the courts in America are bogged down with too many cases. Additionally, a defense attorney’s case load is usually quite full and especially if they work for the state they reside in, which would make them public defenders.
Public defenders are paid by each state as well as district attorneys and prosecutors, but their functions, and responsibilities are much different. The district attorney and the public defender may seem as though they are in ‘cahoots’, but they are not; in fact that are adversaries. They may have a good work relationship and especially if they are in the same courtroom working together for months at a time, but public defenders commit to their work and their clients just as much as a private criminal defense attorney (LexisNexis, 2012).
When a person gets arrested they are read their Miranda rights, which state a person’s rights to an attorney whether he or she can afford one or not. If they cannot afford an attorney, the accused cannot choose his or her lawyer because they are…...

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