Term Paper #2 A defendant has right to appoint an attorney. In court, two types of attorney are present such as prosecutor and defense. Prosecutor represents the government and defense represents the defendant. A defense attorney performs various tasks to represent his or her client. Three concerns when becoming a defense attorney: responsibility of defense counsel, types of client may encounter, and emotional factors could affect your work ability. Question #1: Responsibility of Defense Counsel The defense counsel serve as a counselor to ensure the constitutional and other legal rights of their clients are protected. In other words, the defense counsel advocates the defendant’s cause (Lippman, 2014). The attorney must be …show more content…
Defense attorney ensure awareness that the court should be concerned with preserving due process protection of the Constitution (Klein). The client is the primary obligation. Defense counsel should strive to eliminate implicit biases and "act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of defense counsel’s authority." (American Bar Association) It is important to detect, investigate, and eliminate any improper biases in the attorney’s work. Question #2: Types of Client Abner Louima is a 30-year-old married man with one child. He worked as a security guard in a water and sewage plant in Flatlands, Brooklyn. Louima visted Club Rendez-Vous, nightclub in East Flatbush. Louima and several other men inerced in a fight between two women. Police officers from 70th Precinct were called and dispatched to the scene. The responding patrol officers are Justin Volpe, Charles Schwarz, Thomas Bruder, and Thomas Wiese. In the fight, Volpe was punched and identified Louima as his assailant.Volpe arrested Louima for disorderly conduct, obstructing government administration, and resisting arrest. However, Volpe later admitted to mistaken Louima as his assailant. On the way taking Louima to the station, the arresting officers beat Louima with their fists, nightsticks, and hand-held police. At the
The Sixth Amendment to the United States Constitution states: “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense” (U.S. Const. amend. VI). The history of the modern right to counsel dates back to over a century ago in the Indiana Supreme Court case of Webb v. Baird, 6 In. 13 (1853), in which the right to counsel for a person accused of a crime was officially recognized (Koplow, 2007). However, it was not a decision based on constitutional or statutory law, but a decision warranted under “the principles of a civilized society” (Koplow, 2007). Since the case of Webb v. Baird, the right to counsel has immensely extended beyond just appointing an indigent person an attorney.
The Sixth Amendment’s clause on counsel assistance has also been challenged in regards to the right to an effective performance on the count of the attorney. This concept demonstrates that the fulfillment of the right extends further than just the mere appointment of legal defense.
Public defenders have a tough job defending their indigent clients. In an ideal scenario, they are to defend their clients in a zealous manner. Unfortunately for the clients, most cases end via plea bargains . For cases that do make it to court, some clients find their attorney lacking in many respects . This is because the Supreme Court case Gideon v Wainwright only guarantees the right to an attorney. Unfortunately, that right does not extend to a quality lawyer or defense . I intern at the Orange County Public Defender’s office, where the clients are poor and homeless. As such, they cannot hire their own lawyers and must rely on free legal representation from the office’s attorneys. But just like other Public Defenders across the U.S.,
The services provided by the District Attorney may vary by state, but normally include reviewing police reports, examining suspicious criminal behavior, directing criminal investigations and taking appropriate charges in formal documents. State attorneys decide on the type of the crime the defendant is charged with and participate in the Grand Jury proceedings.
Another obvious individual that can be found within the court is an attorney. They also play an important role, there are attorneys for both parties meaning the plaintiff and the defendant. Attorneys can be either hired by each party or an attorney can be appointed to them by the court. Their role in the courtroom, “is to bring out the facts that put his or her client’s case in the most favorable light, but do so using approved legal procedures… On relatively rare occasions defendants in criminal cases or parties in civil cases attempt to present their case themselves, without using a lawyer. Parties who act on their own behalf are said to act pro se” (Courtroom Participants). Attorneys represent people within the court for those who have little to no knowledge of the law. A party with an attorney has a great possibility of win a case as opposed to not having legal representation. Attorneys have
The roles of defense attorneys and prosecutors are extremely vital and very challenging. The role of a prosecutor is to bring about justice, charge those who are responsible for the crime, and endorse an appropriate reprimand to the judge. I would say that it would very tough to be a juvenile prosecutor. A juvenile prosecutor must always keep in mind that they are prosecuting a minor and should seek rehabilitation as the first sense of justice. When prosecutors try cases involving juveniles, they are faced with unique opportunities and challenges. The role of a defense attorney in a juvenile proceeding is to represent the juvenile, act in the juvenile’s best interest, and play a role in rehabilitating the juvenile.
The main responsibility for these types of lawyers is to defend their client, prove their innocence, and in some case negotiate a lesser charge or sentence for their
Every one of these rights are ensured by the United States Constitution and are appropriate to all states through the Fourteenth Amendment and in addition United States Supreme Court case opinions. As being what is indicated, a criminal defense legal counselor is committed to give customers security against the exceed of the legislature in meting out discipline to any individual accused of a criminal offense. An accomplished, qualified attorney achieves this by challenging any administration or law requirement lead that disregards the privileges of any United States native accused of a wrongdoing. Should a criminal defense legal counselor neglect to try sensible endeavors to ensure your rights or give powerful assistance, he/she dangers losing
Professional Courtroom work groups include the judges, prosecuting attorney , defense attorney and public defenders. The judge are elected or appointed public official who presides over a court of law. A prosecuting attorney is an attorney who is responsible for presenting the states against the defendant. The defense attorney represents the accused and ensure the defendant's civil rights. There are three types of defense attorneys private attorneys, court appointed counsels and public defenders.
From a very early age I’ve always had ambition to become grow up to be in a position of power and successes. Durig high school I decide that for my college career I will pursue criminal justice and go to school to become a lawyer and criminal defense attorney. My interest first came to me from the movies I watch on TV .right then I knew that in 10 years from now I will be wearing nice suits and executing the fullest extent of the law in the name of justice. A lawyer is someone who practices the law, as an attorney. The system of law we have set in place in our society is a set of rules of conduct established by our federal and state governments. The skill set you need to become an operational attorney involves the practical application of abstract legal theories and knowledge to solve specific individualized problems.in the United States being an attorney refers to someone who may practice law. But to become a lawyer without going to law school is not necessarily impossible. There are a few cases when you can qualify to take the bar exam without attending law school. It varies from state to state across the United States.
The word “crime” is no longer something foreign, for the word has become a part of our daily lives. If one were to ask a reasonable person to define the word, he or she would simply say that a crime occurs when someone breaks the law which is then punishable by the state. This is definitely a very basic understanding of the word and it is not at all wrong, but when it comes to defining crime in a legal sense, that basic understanding would not be sufficient. In our legal systems there are two main types of cases, civil and criminal. Civil cases usually involve private disputes between a person or an organization. On the contrary criminal cases involve an action that is considered to be harmful to society as a whole.
Also, the defense attorney can assist as a source of comfort and emotional support for the defendant, and that is very important because embraces the preparation with the client. Most defense counsels must have legal knowledge and skill, timeliness of representation, attention to detail and organization, client affiliation and interviewing, collaborating with and guiding the defendant, investigation, sentencing and appeals
They specialize in criminal defense so they have the expertise and experience to defend their clients while preserving a strict code of ethics. Their services and expertise are essential as a result of individuals charged with an offense are presumed innocent until found guilty by a judge or jury of their peers.
here are certain things that should be taken care of when you consider hiring a criminal defence lawyer. If you are unable to afford the fees of an attorney, the court may appoint a public defence lawyer for you. You will be required to disclose your financial information, and whether you have a job, in which case, the court may ask you to pay a certain amount as fee at the end of the case.
The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting