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Defense Attorney Research Paper

393 Words2 Pages

A defense attorney may be faced with defending clients whom the attorney believes is guilty of the crime charged. Many would ask the question why advocate for someone’s innocence if your beliefs contradict. 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, … and to have the Assistance of Counsel for his defense.” If a lawyer is a person who practices or studies the law and the constitution of The United States is the supreme law of the land. Lawyers have an obligation to counsel weather or not innocence or guilt plays a factor. Without this the whole system would collapse if lawyers choose not to represent based on feelings and not facts. Lawyers have other obligations as well when it comes to representing clients. If a defense attorney believes a client is guilty they must still protect the client from abuse of the eighth amendment. The eighth amendment states that no cruel and unusual punishment may be inflicted. If a client is being prosecuted for breaking and entry it is the lawyers …show more content…

They should not make an assumption off of beliefs and not the facts. A lawyer may see the arrest in the news or hears gossip and forms opinions of the subject’s guilt without seeing the facts. The subject is innocent until he or she is proven guilty. The whole function of a court system is to prove innocence or guilt based on facts. The police arrest based on weather they have probable cause or not. It then falls on the players of the courtroom to examine all the evidence. There could be evidence in the case that proves them innocent that the attorney would never be able to see because they formed an opinion. In these facts a lawyer could also find things such as misappropriation of evidence or an unlawful arrest that would result in the case being thrown

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Prior to the case of Gideon v. Wainwright, defendant Clarence Earl Gideon was charged with breaking and entering in the state of Florida. This crime is a felony according to Florida state law. Unable to pay for defense counsel, Gideon requested that the court grant him one for free. The court denied Gideon his request of being granted defense counsel. The court stated, “Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person charged with a capital offense.”

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1232 Words | 5 Pages

In the words of Justice Tom C. Clark, for example, “The Constitution guarantees the right to counsel as a protection of due process, and there is no reason to apply that protection in certain cases but not others.” (Body Politics par 4). I could not agree with him more. What makes a defendant more deserving of a lawyer than another? How can one attempt to deny a Constitutionally-given right?

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473 Words | 2 Pages

Len Brenden’s attorney doesn’t try and help Brenden at all throughout the case because he believes Brenden is innocent. On May 12th they denied Brenden’s statement because it was not good enough. They questioned Brenden without an attorney and it was probably the worst thing they have ever done to him. They tell Brenden they don’t want any more lies that they wanted nothing but the truth. They ask him “would you ever do this again” Brenden’s response was no because I didn’t do it in the first place.

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1132 Words | 5 Pages

I feel that these defense attorneys knew just like everyone else, that Bryant and Milam were going to be not guilty, no matter what anyone said because they are

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457 Words | 2 Pages

Question presented: If a defendant is being charged in a state court for a noncapital felony, does the defendant have the right to be provided a lawyer by the court, if he/she can not afford one? (OR another simpler way of asking this question: Should Betts v. Brady be overruled?) The prior precedent the court is being asked to overrule is Betts v. Brady, which stated that a refusal to appoint counsel for an indigent defendant charged with a felony did not necessarily violate the Due Process Clause of the Fourteenth Amendment. The Due Process Clause of the Fourteenth Amendment prevents the states from depriving any person from life, liberty, or property, without the due process of law.

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662 Words | 3 Pages

For example, if the defendant cannot read, etc. (Landmark Cases: Gideon v. Wainwright (1963)). As soon as Mr. Gideon had got into jail, he tried to prove his innocence/rights within the first year. Clarence had written a letter to the courts to get them to see his side of the story (to see how unfair his trial was without a lawyer).

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1611 Words | 7 Pages

A savvy lawyer can prove a person who is guilty guiltless although there are pieces of evidence against them and the public disagrees with the verdict. This situation is replicated in the O.J. Simpson trial. O.J. Simpson was a former player for the National Football League and actor who was tried in criminal court for the murder of his ex-wife Nicole Brown Simpson and her friend Ron Goldman. Since Simpson had enough money and popularity, he was able to hire a highly specialized team of lawyers including two attorneys who specialized in DNA. At the time, DNA was a new type of evidence.

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900 Words | 4 Pages

Throughout history the United States Supreme Court has upheld laws and even struck them down when it came to the constitutionality of a law. In the case of Strickland v Washington, the Supreme Court upheld the Sixth Amendment and said that the right to counsel means the right to competent counsel and if the attorney is not competent than the result of the trial is invalid. In the cases, starting with Powell vs. Alabama (1932), Johnson vs. Zerbst (1938), and Gideon vs. Wainwright (1963) the Supreme Court has recognized the sixth amendment right to counsel does exists. They stated that it is important for the criminal to have right to counsel to ensure that their fundament right to a fair trial is upheld.

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432 Words | 2 Pages

Six years later, in Johnson v. Zerbst, the U.S. Supreme Court held that a poor federal criminal defendant who faces serious criminal charges is entitled to an attorney at the expense of the government. According to the U.S. Supreme Court, the right to counsel is thought necessary to protect fundamental human rights of life and liberty and that an average person accused of a crime does not have the professional legal skill to protect himself/herself. Unfortunately, this right only applied to indigent defendants facing serious charges in federal court but did not apply to the states.

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390 Words | 2 Pages

The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

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1485 Words | 6 Pages

Plea- bargaining is something that is happening in our court systems every day. Plea-bargaining is a choice that defendants are making when they don’t have many options. Can plea- bargains change your life? What effects will it have if you decide to do a plea? Well, plea bargains are not for everyone.

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600 Words | 3 Pages

A criminal defense lawyer who understands the law, the process and has experience in the area of criminal law which applies to your situation can help you evaluate your options and make the right decisions. Article Source:

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1030 Words | 5 Pages

The Constitution 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.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.

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483 Words | 2 Pages

But his attorney wasn’t there, so then he was dismissed. But then the focus shifted from Brendon Dassey. The Steven Avery defense argued that the State planted evidence.

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995 Words | 4 Pages

Introduction People usually ask about the best and most effective martial art to learn for self defense. No specific answer can be given to that question because situations that demand self defense are completely different from martial arts. For a street fight, there are no rules, there can be more than one opponent and there will be no protective gear to protect one punches and being kicked around on hard surfaces. In a street fight, anything is possible.

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