Right To Counsel
Essay Preview: Right To Counsel
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Introduction
The sixth amendment to the constitution of the United States says that an individual that is accused will have the right to a counsel during criminal procedures that will help to aid in defense of the accused individual. The subject of this paper will analyze the aspects of rights to a counsel. The development of rights to counsel will be examined. When the rights to a counsel is attached to criminal procedures, and rights to self – representation will be discussed, Additionally, the role of an attorney within the criminal justice system and how it applies to the rights to counsel will be defined.
Aspects of right to counsel
During the 16th and 17th centuries there were defense attorneys that were banned from certain criminal cases, but in the late 17th century the defense attorneys were then allowed to handle treason cases. In the 18th century most individuals were allowed to have his or her defense attorney present during criminal cases. There are certain fundamental rights that are safe guarded by the first set of eight amendments against the federal actions, and against those actions of the state by due process of law and the fourteenth amendment. Among these rights are fundamental rights of the accused individual to have aid from a counsel during criminal prosecutions. The rights of a defendant during a criminal trial to have aid from a counsel is a fundamental right that can lead to a petitioners trial and a fair trial, but a conviction without the aid of a counsel will violate the rights of that individual under the fourteenth amendment. Most of the time it is common for an individual to have assistance from a counsel offered to him or her in most cases, but it is not always necessary to have one. (Zalman, 2008)
Minor violations for example traffic violation would be simple