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Constitutional Law and The Criminal Justice System - Coursework Example

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Name: Course: Tutor: Date: Constitutional Law and the Criminal Justice System Lawyer Present during A Trial Ensure Fairness The presence of a lawyer during a trial ensures fairness as the lawyer seeks to present the case within the most favorable means by making sure that every perspective is covered (Harr, Hess, & Orthman, 2012 373)…
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Constitutional Law and The Criminal Justice System
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Download file to see previous pages This is more in presenting or challenging the evidences within a meaningful manner. Furthermore, the lawyer helps in maintaining the proper conduct of the defense, in addition to guiding their clients all through the trial in such a manner that the defense is displayed with its complete force plus effect (Harr, Hess, & Orthman, 2012 372). Both sides need to know how to establish their position that is why the presence of the lawyer is significant. Furthermore, given that the responsibility of the lawyer is to take steps for the benefit of another person is a fiduciary relationship, then the presence of the lawyer makes the trial to be fair as it generates particular legal obligations as well as responsibilities (Harr, Hess, & Orthman, 2012 374). Why People Prefer Pro Se Representation People would want to represent themselves in court pro se, mainly for the reason that they have a distrust for lawyers in general. Others believe that they can personally deal with their defense effectively, and others will seek to represent themselves owing to their lack of qualification for legal aid and hiring a private lawyer turns out to be expensive (Harr, Hess, & Orthman, 2012 387). ...
with complexities, there should be a right to self-representation but this should only be based on the intricacy of the case as well as the formality of the debate (Harr, Hess, & Orthman, 2012 390). Notably, when individuals represent themselves they are accorded the possibility to truly articulate what they feel instead of having their insight filtered through the lawyer. However, when it comes to criminal trials, self representation should not be in place due to the complex nature of the trial process. In complicated trials it is difficult even for the most intelligent and educated citizen to learn the complex aspects of the law, and as a result precise court procedure can be complicated and stressful. Thus, the objective for a lawyer in complicated cases rather than self representation is to safeguard the integrity of the procedure and to guarantee a fair trial (Harr & Hess, 2007 388). Trial by Media Limitation Even though, a public trial advances the fundamental fairness of the trial as well as the position of fairness when it comes to enhancing public confidence, there has to be a balance between the sixth amendment right of the defendant on one hand and the general public first amendment rights on the other hand (Harr, Hess, & Orthman, 2012 366). Hence, the media is not allowed to attend every trial unless there is a compelling reason in doing otherwise, in particular the safety. The other boundary is when the coverage by the media can cause a worry that the accused will be in danger due to disruption within the court, or the trial becomes somewhat of a three ring spectacle which in the end wipes out the dignified atmosphere as required in court proceedings (Harr, Hess, & Orthman, 2012 366). Barring the Media from Attending Trials This issue of the defendants ...Download file to see next pagesRead More
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