The Right to Counsel - Essay Example


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The Right to Counsel

government is obligated to provide a legal counsel for the accused if he or she is not in position to acquire the services of a private lawyer. The expenses incurred for the entire proceeding until the case is resolves is shouldered by the government. It was the federal government that took the first concrete steps to enshrine the right to counsel. The most fundamental basis for this is the U.S. Bill of Rights. It took a while before the courts in the different states in the country began concurring and affirming to the said right as interpreted and defined by the U.S. Supreme Court. There were a few states that already granted affirmation to it even during the 1800s. However, most of the states followed suit when the U.S. Supreme Court came out with its decision of Gideon v. Wainwright in 1963. This decision cemented the provision that points out to the strict requirement of defendants being granted the right to counsel. Subsequent rulings by the U.S. Supreme Court also reinforced the right by clarifying the parameters in which law enforcement agents should function in order not to commit violations. In 1966, a landmark ruling by the U.S. Supreme Court, created a tremendous impact on the effort of defining the right to counsel. This was the ruling on the Miranda v. Arizona, 384 U.S. 436, which is now known as the Miranda Doctrine. ...Show more


The Right to Counsel The right to counsel is considered to integral to an individual’s right to undergo a fair trial. Through this right, one can seek the aid of legal counsels or lawyers, who would then represent him in court. It is the defendant that practices this right…
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