The criminal court system is filled with multiple different types of actors and viewers. There are judges, prosecutors, bailiffs, the jury, and many more. The criminal defense attorneys seem to be pushed to the side, being deemed not as important, as if the job of representing the accused and ensuring their Constitutional rights are protected is not important. These attorneys work tirelessly to ensure those being charged with a crime receive the proper representation they deserve, and the courts uphold the regulations held to them. Through the history of criminal defense, the exploration of the various types of defense attorneys, the ethical dilemmas specific to defense attorneys, and the need for them in the American system of justice, it …show more content…
Depending upon the location of the public defender’s office, a wide range of staffing numbers will exist. In no way would having solely public defenders work though. Conflicting interests arise the need for assigned counsel and contract defenders (Siegel et al., 2018), who take on the cases through external means. Cooperation between these three groups is essential for upholding the rights of the accused within the court system. Contrary to television depictions, the need to use provided counsel must be proven to the court, through look at a person’s assets and monetary values. States and taxpayers both pay for the defense (Siegel et al., 2018), an expensive fee but a necessary one. The common usage of indignant defense overwhelms attorneys, who surpass the recommended caseload by hundreds of cases (Siegel et al., 2018). The slow-moving pace of the courts, and the high caseload create stress in attorneys’ lives, and, as with anyone dealing with stress, it can affect their home life.
Ethical Issues Defense Attorney’s
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The adversarial system sets up two sides who argue against each other to discover the truth (Siegel et al., 2018). In the criminal justice sense, it is the government, whether the state or federal, who is arguing against the defendant while both try to discern the truth. In comparison to the inquisitorial system, which is a judge or magistrate who is questioning the defendant and has final say on the charges (Siegel et al., 2018). It would be nearly impossible for the adversarial system to work without one side of its two key players – the defense. In the cases faced today, defense attorneys come alongside those who are charged to provide the guidance needed and to help navigate the rough waters of being criminally charged (Siegel et al., 2018). Things like gathering evidence or talking to witnesses would be extremely difficult for the defendant to do themselves. So, a respected, external, third party comes in to take that place. For example, NASA would not hire someone without a degree to work on their newest satellite but would hire someone with an aerospace engineering degree. Replacing NASA with criminal justice examples, it is understood that a judge or jury is more likely to listen to someone who understands the process of the law over someone who is being charged beneath