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Criminal Law : Defense Counsel Perspective - Research Paper Example

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Criminal defense counsel specializes in defending organizations and individuals who are accused of criminal conduct. In the case, where the defense lawyer is employed by the criminal court’s various jurisdictions, and are referred to as public defenders…
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Criminal Law : Defense Counsel Perspective
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Download file to see previous pages Each jurisdiction could have a different practice that possesses various levels with input from federal and state law. Some jurisdictions utilize a rotating system where the judge appoints an attorney from private practice for every case. In the courtroom, the defense counsel is the client’s only friend, with the judge and court clerks, police and prosecutors not being present for the aid of the accused. While they have a duty to inform the accused regarding their right to counsel, they do not expose the truth, which is the defense counsel’s duty. This is a criminal law paper on a defense counsel perspective.
Criminal defense counsel is involved in issues that revolve around the investigation of crimes and charges, as well as the arrest (Acker & David 34). An arrest is not indicative of a formal statement of statement of criminal charges from the court; rather it indicates that the person is under reasonable suspicion regarding a crime. Criminal counsel will also work out the crime’s substantive issues that their clients are charged with, as well the prevention of charge filing in court. The defense counsel is hired to provide their own investigation and then negates the charges brought forth in court by the prosecutor. A court appointed attorney is usually a graduate, fresh from law school, who seeks for increased courtroom experience. Criminal defense counsel acts as an advocate for the charged client in the court of law through determination of whether the appropriate laws were followed regarding the accused person’s charge (Acker & David 36). An important aspect of criminal defense counsel is the requirement for them to have a clear comprehension of the constitution, especially the fourth amendment against unlawful seizures and searches. The Fifth Amendment is also important for a defense counsel since it protects the accused from acting as a witness against themselves. Initially, the defense counsel will go through police reports and charges while looking out for violation of their clients’ constitutional rights. Violation of the 4th or 5th amendment usually results in evidence being rendered inadmissible in court during a preliminary hearing (Acker & David 36). Criminal defense counsel, therefore, has invest his time in going through the case’s documentation and constructing ways of winning the case on the grounds of constitutional violations. In the absence of violations to the client’s constitutional rights, the defense counsel will then opt for negotiations (Acker & David 38). Here, the defense counsel’s main aim is to arrange a plea bargain for their clients that sees them admit to a lesser offense. It could also involve an agreement on a reduced sentence if the accused should choose to plead guilty. Becoming a criminal defense counsel requires one to enroll in law school after completion of their undergraduate degree. During their law school years, the student is advised to get as much experience from work experience as possible in the field of criminal; law. Compared to a prosecutor, the defense counsel approaches the case without knowledge of the truth. The defense counsel is aware that they will never learn the truth, but their work is to determine the truth in a courtroom (Acker & David 40). The counsel will lend an ear to their client and then do an investigation regarding the law and facts. Questions that they can ask at this point are; did the accused really assault the victim? Did the cocaine in the glove compartment really belong to the accused? Additionally, even if the client did it, was he legally responsible? that is, were his rights violated or do you possess a valid defense. The client normally hires the defense couns ...Download file to see next pagesRead More
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