Right to Counsel Paper


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Right to Counsel Paper

Right to counsel is the legal responsibility for the government to provide every defendant in a criminal action with legal representation that also must be deemed effective. Right to counsel has evolved to mean that a defendant has the constitutional right to be represented by an attorney during trial. The right to counsel is informed by the understanding that the legal system is so complicated and is stuffed with many legal traps that a lay man cannot understand. Right to Counsel Paper.

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Other complicated decision such as what witness to call, the manner in which to conduct cross-examination, what jurors to strike or accept, what trial motions to make, and what evidence to introduce are the preserve of the attorney. Right to Counsel Paper.

Normally, the attorney will consult with the accused where appropriate before making these decisions. Although the attorney s charged with making the complicated decisions, the courts have held that the wishes of the client should take precedence. Incase there is an impasse, the court insist that the attorney should go with the wishes of the accused. However, the attorney should keep a record of the advice he gives to the accused. Right to Counsel Paper.

References

Gideon v. Wainwright, 372 U.S. 335 (1963)

Griffin v. Illinois, 351 U.S. 12

Shea, T. (2011). The Sixth Amendment: The rights of the accused in criminal cases. New York: The Rosen Publishing Group.

Smith, R. (2007). Sixth Amendment: The Right to a fair trial. New York: ABDO.

Webb v. Baird, 6 Ind. 13 at 18 (1854)