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Write a 3 page essay on Right to Counsel.Download file to see previous pages... To tackle the lawyers, police officials should have enough information about different laws otherwise the wise attorney
Write a 3 page essay on Right to Counsel.
Download file to see previous pages...To tackle the lawyers, police officials should have enough information about different laws otherwise the wise attorney will help their client in getting a safe passage out of a criminal case. Suspects have a right to counsel and police officials should know how to tackle the situation while keeping the defendant’s right to counsel in mind. The constitution has provided defendants with the right to counsel under Miranda rights and Fifth and the Sixth Amendment. Body The Sixth Amendment initially provided all suspects and defendants to take help from an attorney during a trial. Later changes were made to this right because several defendants were able to escape the punishments due to these rights. In accordance to Sixth Amendment, a suspect or defendant only has a right to obtain counselling services when he is taken to the trial and is being prosecuted for charges levied against him/her. In the case of Brewer v. Williams case, the judge ruled that a suspect is entitled to have an attorney while the proceedings of the case have been started or are going to be started against the suspect (Samaha, 1999, p.279). Secondly, a suspect owns the right to counsel if he has been accused of committing a crime by the jury. If both these situations are not present, the suspect is denied of the right to counsel under Sixth Amendment. Great importance is given to the right to counsel under Sixth Amendment, this can be noticed by the clause that if a suspect does not have enough resources to hire an attorney, the court hires the attorney for them and pays for the expenses. Under the Sixth Amendment, a defendant even has the right to obtain counselling services while he is being interrogated after the court proceedings has been initiated against him, or a warrant against him has been already issued by the judge or have been judicially sent to confinement. In the case of Brewer v. Williams case, the judge even stated that the defendant has a right to obtain assistance from an attorney while he/she is being interrogated while he is imprisoned (Samaha, 1999, p.279). In case of line-ups, if a suspect is identified by the victim, the suspect may not be held responsible if the suspect’s attorney is not available during the line-up procedure. In case of Miranda rights, a defendant or suspect gains the right to obtain services from an attorney while he experiences investigation and interrogation despite the fact that he is under the custody of the police. The main purpose of the right to counsel under Miranda rights is to restrict police officials from using coercive methods of interrogation while the suspect is under the custody of police officials. Another purpose of the right to counsel under Miranda rights is to protect an individual’s right to plead guilty under the regulations of Fifth Amendment. Under Miranda rights, the suspect is allowed to obtain aid from an attorney before he is interrogated and even while the interrogation process is taking place. If the suspect asks the police officials for attorney, it becomes obligatory for the police officials to put a stop to all activities categorized as integration. In case of Maine v.