LS305-01 Constitutional Law Unit 7 assignment

Requires the observance of certain fundamental

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requires the observance of certain fundamental personal rights associated with a hearing, and ‘‘the right to the aid of counsel is of this fundamental character.’’ This observation was about the right to retain counsel of one’s choice and at one’s expense, and included an eloquent statement of the necessity of counsel. ‘‘The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crimes, he is incapable,
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LS305-01 Constitutional Law Unit 7 assignment generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.’’ Most individual citizens cannot interpret the laws as set forth in the United States Constitution nor do they understand proper parliamentary procedures. An accused has "a fundamental right to be clearly informed of the nature and cause of the charges in order to permit adequate preparation of a defense." Sheppard v. Rees, 909 F.2d 1234, 1236 (9th Cir. 1989). The right to counsel in the Sixth Amendment is there to make sure that every citizen has someone who is knowledgeable and can explain as well as represent them in a court of law, when they are faced with losing their freedoms or life, as in cases of capital punishment. "The principal purpose
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  • Fall '12
  • UNKNOWN
  • Law, Lawyer, of counsel, Constitutional Law Unit, LS305-01 Constitutional Law

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