Supreme Court Philosophies and Rulings

THE RIGHT TO COUNSEL 6

The right to counsel

Outline

Introduction

There have been issues and various programs that have been raised concerning the right to counsel as outlined in the constitution of the united states. The right to counsel gives the united states the sole ability to be able to prosper as a nation and ensure that all the youths in the country mature upholding the country’s values and that they are in a position to mature up as reliable citizens. In order to broadly look into the right to counsel as stipulated in the constitution of the united states, I will discuss and evaluate various terms in the warren court, the burger court, the Rehnquist court and the current Roberts court. I will examine the political philosophies in each court and indicate the significant changes in the law concerning the right to counsel that was witnessed in each of these courts. I will also examine the current makeup of the united states supreme court and the modern trends in the constitutional law and the criminal procedure. I will also give my views concerning whether I believe that the criminal justice process will fundamentally change or remain the same in the foreseeable future of my choice.

Terms of the Warren Court (1953-1969)

The warren court was characterized by high levels of consensus, an unwilling to allow constitutional rights to vary from state to state and the attention to the ethical principles over the narrow interpretive structures or strict precedent. One of the political and philosophical contribution of the warren as a chief justice was that he ensured that liberal decisions were made and hence segregation was reduced a factor that helped in ensuring that right to counsel was enhanced in the states, (Müller, 2010).

The Burger Court (1969-1986)

The burger court was highly known for its contribution and decision towards the conflict between the religious freedom and the and the state public schools. This court gave a way for the negotiations in the matters that were affecting education at that time and that this decision highly contributed to ensuring that the right to counsel was enhanced in united states, (Kincaid, 2012).

Rehnquist Court (1986-2005)

During the Rehnquist court period, the constitution was amended and handed down that a suspect’s request for legal counsel is only good for fourteen days after the suspect is released from the police custody. According to this court, its main contribution to the political philosophy of the country was that whether a counsel is retained or appointed, the defendant has the right to counsel without the conflict of interest, (Kincaid, 2012).

The current Roberts Court (2005-present)

The six amendment about the right to counsel was passed by this court under the leadership of various judges. They ensured that they passed a regulation which enhanced the practice of the counselling in the united states without any interference, (Keene, John Peter Zenger,2015).

There are various trends that have taken place in the recent past in the united states laws and this has ensured that the constitution is amended to cover all the various areas and aspects that had not been covered in the recent past. Through my analysis on the current makeup of the united states supreme court, it is evident that criminal justice process will fundamentally change in the near future. This is because some important amendments have been passed in the united states constitution which have helped in ensuring that the criminal justice system does not violate any of the victims and hence there is equal treatment on all the citizens, (Keene, John Peter Zenger, 2015).

The criminal justice system will develop to enhance civilization in the society. This can be factored out from the recent contributions of the various supreme court judges. Over the time, the various supreme court judges have worked it out through amending various constitutional bills to ensure that the right to counsel is enhanced in the united states.

The right to counsel will benefit the united states in that most of the citizens’ rights will be enhanced. The citizens will develop a more sense of understanding their needs and that they will be in a position to become more civilized and develop a more sense of belonging in the society. Through this, the criminal justice system will grow and therefore most of the human rights advocating agencies will be in a position to get more support in the society and therefore this will ensure that there is growth of human right advocating.

The constitution of the united states therefore need to be amended to ensure that those chapters that advocate for the human rights are well streamlined to enhance development in the society. This can only happen if there more effort put towards ensuring that the rights of all citizens are observed and that there is individual protection in the society.

References

Müller, M. M. (2010). Private security and the state in Latin America: the case of Mexico

City. Brazilian Political Science Review (Online), 5(SE), 0-0.

Kincaid, J. (2012). State-federal relations: Revolt against coercive federalism? Book of the

States.

Keene, A. John Peter Zenger, (2015). Immigrant Entrepreneurship: German-American Business

Biographies, 1720-Present.