Dangers And Disadvantages Of Right To Counsel

ETHICAL FRAMEWORK, LIMITS OF PROFICIENCY AND THE LIMITATIONS ON COUNSELLORS COMPARED TO OTHER PROFESSIONS THAT USE COUNSELLING SKILLS.

The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.

This essay will explore the counselling relationship along with the benefits and limitations as well as discussing other factors that have an important impact in relation to the outcome of counselling. Counselling is an interpersonal relationship between the client and qualified therapist, the relationship involves communicating with the client and using skills to explore the client's feelings. The counselling/ therapeutic relationship can be used in all types of counselling such as psychodynamic, humanistic, behavioural, person centred and cognitive therapy. As mental health disorders increase so does the need to deliver effective counselling, which means that the therapeutic relationship is more crucial than ever. (Miller, Hubble, Duncan and Wampold 2010; Norcross and Lambert 2011).

The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly

In 1964, after Miranda 's arrest, but before the Court heard his case, the Court ruled that when an accused person is denied the right to consult with his attorney, his or her Sixth Amendment right to the assistance of a lawyer is violated. But do the police have an obligation to ensure that the accused person is aware of these rights before they question that person? (Supreme Court)

False, The Supreme Court has said that an indigent person accused of a crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

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 is part of the United States Bill of Rights and its clauses are related to criminal prosecutions. It states that every defendant has the right of speedy and public trial, impartial jury, to be confronted with the witnesses against him and to choose such in his favor and to have the aid of a layer in his defense. The right to an attorney’s assistance has been focused on two main issues throughout its development – the right to counsel and the right to an effective counsel.

     In JOHNSON v. ZERBST (1928) the court read the 6th Amendment to require the appointment of counsel for all indigent federal criminal defendants.

Furthermore, legal representation allows you navigate laws that you would not have been aware of absent representation. This legal representation is very helpful as many may not know the rule of the law or understand it. Therefore the legal representation can help the person to understand the case and it is more likely to result in a fair trial that will achieve the required outcome.

The sixth amendment of the Bill of Rights is about how an accused person has the right to a speedy and public trial by an impartial jury, the right to control witnesses against that person, and the right to a lawyer for their defense. This means that a suspect of a crime has the right to a fast and public trial by an impartial jury, the right to meet witnesses against the person, and the right to a lawyer to aid them. For example, a person does not have to wait for 20 years just for their trial like in the old times, now they can now have a fast trial and publicize it if they want. The accused also have the right to challenge the witness and they get the choice of having a lawyer or not. My argument for this amendment is that the accused do

In 1961, Clarence Earl Gideon was charged with breaking and entering into a pool hall in Florida. When he went to trial, he attempted to get an attorney to help him in court to get his crime reduced to a misdemeanor. The judge denied the attempt and he was left to fend for himself. Clarence Gideon was later proven guilty. He filed a habeas corpus petition that his denied attempt to an attorney was unlawful. The Florida Supreme Court denied his petition. Gideon sent his petition, in 1963, to the U.S. Supreme Court. The Supreme Court reviewed this case, also known as the Gideon vs. Wainwright case, and decided that under the 6th amendment, the defendant is allowed to receive counsel when the defendant is being tried for a serious crime. The Gideon

The Sixth Amendment of the United States states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (CRS Annotated Constitution, n.d.).” The Sixth Amendment offers seven rights to everyone; (1) a speedy trial; (2) a public trial; (3) an unbiased jury; (4) told the charges against him/her; (5) able to confront those against him/her; (6) able to provide a witness in his/her favor; (7) right to lawful guidance. The Sixth Amendment is extremely important because it protects the rights of those being accused with criminal charges. It ensures that the process of conviction is done fairly and no one is deprived of their rights and unfairly charged.

Subsequently, in 1972 Argersinger v. Hamlin held that defendants were required legal counsel when faced with incarceration from a misdemeanor or felony conviction (Smith, 2004). Following these Supreme Court decisions, most state and local governments had to develop new systems of indigent defense or modify the old ones to keep up with the number of clients (Wice, 2005). Since Gideon v. Wainwright, other cases have challenged the Supreme Court application of the right to counsel. Currently, all defendants are given the right to counsel at all stages of the criminal justice process, including during trial, appeals, and even during police interrogation.

The primary source of the right to counsel is the Sixth Amendment. It states in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for defence. In this article, the development of the right to council will be discussed as well as when the right to council attaches to criminal procedures. The right to self- representation and the role of attorneys as it applies to right to council will be discussed as well.