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What Are The Pros And Cons Of Miranda Vs Arizona

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“Due to the Supreme Court of the United States decision in Miranda v. Arizona, 384 U.S. 436 (1966), each State in the United States must have a way to offer representation to indigent defendants or defendants who cannot afford one for themselves”(“Private Lawyer,” 2015). You have three options for representation in court. You have self-representation, public defender and private attorney. Self-representation should be your last option because most individuals are not familiar with the law. The only people that self-represent their self is lawyers, judges, prosecutors. The reason being is that cases have complexities that lawyers have high specialized training to understand. Having a lawyer by your side is the best case scenario for nearly …show more content…

If the individual is financially stable having an attorney is a pro, whereas, if the individual is not financially stable being assigned a public defender is a con. The first step to being appointed a public defender is convincing the judge you do not have enough funds to hire an attorney. Following this step, in most instances judges may require you to complete forms stating your financial resources, incomes, and debt. An excellent attorney will cost you money whereas the public defender is provided at no cost. Another con for a public defender is they cannot represent an individual if they commit a civil crime. This is a con because if an individual is not finically equip self-representation would be there only option. This is not to say that a public defender is a bad attorney. A pro for having a public defender is individuals with low income will have a government representative defending them in …show more content…

As result of this caseload, public defenders are seriously overworked and underpaid compared to private attorneys. With an attorney they do not have as many caseloads as a public defender so they are able to focus more on your case. When hiring an attorney you also get to interview and select the attorney you decide to work with. When being assigned a public defender you may not meet your public defender until the day of your trial. “Generally this is not enough time to get a very good sense of who their client is, thus, potentially preventing the lawyer from obtaining information that may be very important in formulating a defense. This could also lead to the public defender missing small but crucial details about a case that a more thorough investigation would reveal.”() However one of the greatest benefits an attorney has over a public defender is specialization. An attorney is a highly specialized lawyer that is familiar with the new laws and the science used to defend your case in court. The private attorney devotes entire practice to defend your charges. Your private attorney usually will not let you plead guilty, rely on business referrals and they are more motivated to get the best results possible. The public defender rely on the court system resources to create your defense, they are not getting extra funding to explore every

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In a retributive justice system, the state is tasked with bringing Blanco-Garcia to justice. The state will accuse Blanco-Garcia of murdering Vanessa Pham and hold an adversarial trial to determine whether he is guilty of the crime or not. An appointed defense attorney (DA) will represent Blanco-Garcia at trial. Due process demands that the defendant is afforded legal representation to argue matters of law on his behalf as well as to protect the defendant’s other due process rights. Likewise, the state will also be represented by a legal agent, the commonwealth attorney (CA).

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This means that those charged with lesser crimes are pushed to the back of their caseloads. Public defenders are overworked and underpaid meaning that many times they cannot do their job to the best of their abilities. Sadly because of this system, many of their clients sit in holding cells for months or years, awaiting for a trial that is continually pushed off by their attorney. While the system of free public defenders seemed like an equal foot for criminal clients to stand on in the justice system, it is in reality a very messy and disorganized system that overlooks those without the most pressing issue. Gideon V. Wainright was a landmark case, arguably one of the most important cases of the sixties.

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A person’s right to have a lawyer and having a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”). Public defenders, or lawyers appointed by the court, provide representation in court without cost to the defendant. Fifty years after the ruling, public attorneys has been under scrutiny by both lawyers and clients. Said counsels are known for facing underfunding and unmanageable caseloads, while their clients claim that they are poorly represented in court.

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CSU Long Beach, Political Science Department at Long Beach Municipal and Superior Court, Long Beach CA Legal Apprentice and Researcher 1996-1997 • Conducted political research on the public defender system and provided analysis by viewing, discussing and summarizing judicial procedure(s) and Trial Judge, District Attorney, Public Defender to gain a better understanding of the efficacy of the public defender system on criminal proceedings in Long Beach and its need for key structural improvement. Accomplishments: After reading Gideon’s Trumpet as a context by which to explore and analyze the public defenders system and the social injustices that often occur, as reference by the main characters denial of his legal right to receive legal counsel in his defense in a Florida court; I related my reading and first hand experiences, observations and findings on the efficacy or lack thereof of the Public Defenders system to supervising professors at the CSU Long Beach, Department of Political Science in an attempt to suggest needed improvements to the criminal justice and judicial system. CSU Long Beach, Office of Affirmative Action - Long Beach,

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When a person has been charged with a crime, it's after the police have conducted an investigation. There are many times when the investigation has caused the police to arrest the wrong individual. The accused has the right to have their own investigation conducted by professional detectives working for the defense. Defense attorneys can have their own in-house criminal defense investigator to find facts and evidence that will proclaim their clients' innocence. (-- removed HTML --) Associate Degree Criminal Justice (-- removed HTML --)

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Having a lawyer by your side can take the burden and stress of off you. Now you have somebody to guide you through the legal process and somebody that will fight for your innocence, whether you are guilty or not. The number of people currently incarcerated is about 2

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Why spend months trying to find a costly, inexperienced group of people when having a judge is much more

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Defense lawyer is a good choice, because you save people, I mean not literally but imagine if you are stuck for something you did not do and have to spend like 10 years behind bars, that would be devastating. After a 70

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As such, people who are facing these types of charges may benefit from obtaining legal representation. An attorney may explain their rights and options, as well as help them to develop a thorough criminal

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Here are some questions to ask before settling on any criminal defense attorney: Have you ever defended this type of case before? Different areas of criminal law obviously have different laws, statutes and rulings that pertain to them. Laws that apply to petty theft don't always apply to stealing cars or robbing banks. For the best case possible, you want a criminal defense attorney who is as familiar as possible with your alleged crimes. While a lawyer who usually takes different types of cases isn't necessarily bad, you may get the best results from one who is as familiar as possible with the ramifications of your case.

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There is no way defenders could realistically do an adequate job on each case if they do not have enough time to review the case, and build a strong foundational argument. There is on average 5 million cases per year are given to public defenders (Peng). Therefore Mrs. Tina Ping stated, “An unconstitutionally high caseload means that I often see my new clients only once in those two months. It means that I miss filing important motions, that I am unable to properly prepare for every trial, that I have serious conversations about plea bargains with my clients in open court because I did not spend enough time conducting confidential visits with them in jail. I plead some of my clients to felony convictions on the day I meet them.

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A criminal defense attorney can provide clients with much-needed assistance with a potential case and advice on what occurs in the courtroom. They can guide defendants through the pros and cons of handling a criminal case and it can protect them from drastic consequences entailing a criminal offense. Some may feel that heading to a law firm to get hold of any lawyer can be an easy solution to their problem, but that may not be enough to help prospective clients in these cases. A defense attorney is one who will be able to help defend someone in times of prosecution and specializes in criminal cases. The most important reason for it being the criminal defense attorney will be better acquainted with the different aspects related to criminal

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Legal representation is the services done by a legal practitioner like a lawyer, that deals with legal matters on behalf of the person who hired them. When someone is accused they must be able to get a lawyer or legal aid. This contributes to a fair trial because legal representation helps the accused as normally, they cannot defend themselves. Without this element in place, it would be unfair towards the accused. This second element contributes to a fair

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Lawyer A lawyer can be the difference between freedom and jail, or in some cases, life and death. Lawyers advise and represent individuals, business, or government agencies on legal issues or disputes. If you like to help and defend others and make sure fair punishment is given to everyone then a lawyer is a job for you. “Lawyers advise and represent individuals, businesses, or government agencies on legal issues or disputes” Bls.gov. Lawyers can make more than 115,000 per year.

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Private attorneys have the legal staff that will usually do the footwork for them. Some have private investigators and their team of legal experts help with many cases. If I am facing charges in the criminal justice system for me I would have to have a private attorney, although the outcome of any trial should be won or lost based on the circumstances and evidence that was presented. With private attorneys, you get expert opinions, forensic experts in the field, staff to investigate charges, potential witnesses interviewed by the legal staff. The overall experience will be better when facing criminal charges, the chance of a lesser sentence is greater for me.

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