Right to Counsel Paper

Right to Counsel Paper Joslyn R. Ollila CJA/364 09/17/2012 Chris Bragg Right to Counsel Paper To analyze and understand the aspects of the right to counsel one must understand the Sixth Amendment of the Constitution of the United States which states that; any person that is a U. S. citizen accused of a crime will have the right to counsel during a Criminal Procedure that helps aid the defendants or person accused defense. In this paper I am going to analyze the aspects of the right to counsel and the developments of the right to counsel in depth.Criminal Procedures included in the right to counsel and when self-representation came about will also be discussed. Also the role of an attorney and how it applies to our right to counsel. To understand the Right to counsel one must understand the when it and how long ago it began. In the 16th and 17th century’s Criminal Defense attorneys were actually banned from certain criminal cases which prevented people from proper rights and ju stice. Later in the 17th century Criminal Defense attorneys began to be allowed in treason cases (which previously were not), by the 18th century almost all criminal cases could have a defense attorney.The reasoning behind these changes was due to the Amendments of the Constitution as well and ratification of some of these Amendments I will discuss later in this paper. The Amendments of our Constitution focus highly on fundamental Rights which safe-guard us against federal and state actions giving us a right to the Due Process of Law. Included in these rights were a suspect accused of a crime was aloud a right to counsel aid during interrogations and Criminal Prosecutions. Under the Fourteenth Amendment it is a violation to convict a defendant without a counsel aid which violates those individuals’ rights.The purpose and reasoning behind these rights of counsel aid is to lead to a fair trial. Our right to counsel in the United States is a right we all have whether we have com mitted a crime or not. A right to counsel is viewed as a privilege and shows equality in our Justice System. A person accused of a crime can choose to have a counsel aid in their defense which this right begins immediately when taken into police custody. For people who are a defendant for trial and they cannot afford counsel they then are appointed counsel. This right to counsel clause show how balanced our Criminal Justice system is in following the Constitution.The ratification of the Sixth Amendment which added State requirements for right to counsel changed to what we know it as today. The reason this right to counsel is so important is those of us that are wrongly accused of a crime have protection and we also have a guarantee whether we are guilty or not guilty we are treated fairly and proper convictions get done and justice gets served. Another aspect in our criminal justice system I found surprising the more I learned about was our right to Self- Representation. A defendant has the right to represent themselves and can get approved for what appears and is a risky request.In our history in the U. S. of self-representation cases the majority have not succeeded in their intended outcome of the trial after making that choice. A defendant who chooses self-representation have a higher chance in losing their case, however the principle of the fact that one can choose so goes along with our constitution ensuring our freedoms, rights, and protections. Many who choose to self-represent are often people who mistrust the CJS, have had bad experiences with past attorneys, or simply because they believe they can do better than any other aid.An individual who chooses this option must know proper court room expectations and guidelines, have proper opening and closing arguments, and stay on track throughout proceedings with the case and displaying factual, reliable evidence. The decision of whether or not to have an attorney/counsel is a decision we all have to make. It is not required to obtain an attorney or accept the one appointed to you; however it is crucial to use any aid one can due to the legal advice that can be life changing advice.Having an attorney gives the attorney the opportunity to serve as our advisor or consultant who is very knowledgeable of the Criminal Justice System and court processes. When using the service of an attorney there are many steps in the process that are required. A consultation is an opportunity for the attorney to explain to their client the possible positives and negative outcomes of the case. An attorney is there for their clients to ask questions, and he/she will guide and direct their client with the legal expertise.If you choose to have an attorney which is highly recommended hat attorney has to commit and be successful in their efforts. Attorneys duties are; to be supportive by participating with all efforts, develop strong arguments for their client, and communicate with the court room efficiently. H aving the right to counsel ensures we have a backbone in the courtroom by having the opportunity to have a person appointed to us with zealous and ethical representation. An attorney communicates effectively, gives legal directions, while keeping their client attorney based relationship and details confidential.An attorney must be loyal while keeping our best interests in first priority. Reference Page: Hoefel, J. C. (2007) Toward Moore robust Right to Counsel of Choice. Sandiego Law Review, 44(3), 525-550. Retrieved September 15th 2012 from EBSCOhost University Library. Holland, B. (2009), A relational sixth Amendment during interrogation. Journal or Criminal Law and Criminology 99(2), 381. Retrieved September 16th 2012 from EBSCOhost University Library. http://criminal. findlaw. com/criminal-rights/right-to-counsel/ http://www. law. cornell. edu/wex/right_to_counsel

See Order Info Example

See Order Info Example See Order Info – Coursework Example Ethics What Would Be The Dilemma And The Implications Of Such A Crime On The Individual, The Family, The Community, And Society Stealing is a crime, which affects the life of individual, family as well as the society. As per the norms of society, any kind of stealing is considered a punishable offence. Similarly, stealing food is a crime and people who are involved into this type of crime should be punishable by law because it affects the life of other people within society and community. The dilemma that is associated with the provided crime scenario is noted to be largely affecting the overall needs of family members, society and community. Rather the basic needs of an individual and stealing for fulfilling such needs can be a serious issue as the person who is involved in this type of crime reflects on his criminal tendencies (FAO Org, 2012). However, in the provided case the purpose of stealing is to arrange the food for the family members and fulfill their basic needs, which is stated as the fundamental duty of the individual. Therefore, in this case it is can be stated that there is a huge amount of moral underpinnings associated with the same. Thus, it is evident from the case scenario a huge amount of dilemma that is associated with meeting the basic needs of the individuals. Rather it is evident that at the ethical grounds meeting with the basic needs of the family is a fundamental duty of the individual whereas taking jurisdiction view the same is punishable before law. Hence, it could be termed that the act that is committed by the individual is noted to be ethically correct whereas the same is violating the needs of legal bindings associated with the same for the overall progression of the society as well as the community (FAO Org, 2012). ReferenceFAO Org. (2012). Social protection of food security. Community on World Food Security, 7-95. See Order Info Example See Order Info – Coursework Example The Affordable Care Act Important Elements of the Affordable Care Act In Relation To Community and Public Health The ‘Affordable Care Act’, which introduced by the US President Barack Obama, possesses certain special attributes. A few of them include free of cost preventive care, discount on the medicinal value for the elders and ensuring providing effective as well as quality care to the patients. Above all, in relation to community and public health, one of the important constituents of the Affordable Care Act is recognized as that it enables free medical coverage for the children until they reach 26 years of age. The Act has been playing a decisive role in the transformation of the existing healthcare system in the nation. Justifiably, the ‘American Nurses Association’ (ANA) has designed a chart based upon the guidelines of the Act, which provides detailed understanding about the recent changes made in the field of healthcare and their implications for fu ture. Apart from this, adopting effective measures towards safeguarding against healthcare fraud is deemed to be the other important element of the above discussed Act (Hall, 2011). Role of the Nurse in Implementing the Affordable Care ActFor the implementation of the Affordable Care Act, the job of the nurses is deemed to be much vital, as their roles are multi-faceted. It has been quite evident that healthcare nurses provide expert treatment services and education to the people who are entitled to receive the same. On the other hand, school nurses promote health prevention measures amid the students of distinct schools. Occupational healthcare nurses are involved in monitoring, promoting and working over environment related concerns. Correctional nurses engage in offering medical services to the prisoners in jail (American Nurses Association, Inc., 2014). Thus, by segregating the job tasks of the various nurses’ type, their role in executing the stated Act can be determined . ReferencesAmerican Nurses Association, Inc. (2014). Health care transformation: The Affordable Care Act and more. Retrieved from nursingworld.org/MainMenuCategories/Policy-Advocacy/HealthSystemReform/AffordableCareAct.pdfHall, M. A. (2011). Risk adjustment under the Affordable Care Act: A guide for federal and state regulators. Issue Brief, 7, 1-11. See Order Info Example See Order Info – Coursework Example Response Paper of Learning Response Paper I did like this article, because it focuses on the problem of seriously ill people. The author considers extremely important issue, namely the issue of futile treatment. Futile treatment is understood as a treatment that is not effective for the patient and as a result, the patient is forced to experience excruciating pain. In fact, futile treatment is often associated with moral dilemmas. Despite the constant development of modern science, medicine still cannot offer an effective treatment for all human diseases. Many patients have to experience serious suffering for the simple reason that the medicine cannot give them an effective treatment able to stop their suffering. In this regard, not only medical staff but also family members of the patient are faced with a serious dilemma. They have to decide whether it makes sense to continue the senseless treatment while their relative is experiencing terrible suffering and asks to save him/her fro m them. The situation is extremely difficult and painful. The relatives of the patient have to give him/her the opportunity to die in peace while it suggests a hasty farewell with the loved one. The value of this amazing article is that it draws attention to the psychological complexity of the situation. The author emphasizes the special role of medical students who should provide psychological assistance to both the patient and his/her relatives. This task is extremely important because a medical student is the mediator between the two sides and he/she should help both sides reach an agreement. In this regard, the work of medical students is very stressful.ReferencesLi, M. (2012). Dealing with futile treatment: A medical students perspective. Australian Medical Student Journal, 3(2), 58-60.