Providing A Lawyer Essay

1184 words - 5 pages

“…where the potential for jail or prison time exists, a defendant has the right to be represented by an attorney even if the defendant can’t afford one.” (court.ca.gov). Even though some one might abuse the right to a free lawyer I believe that it will let those who cannot afford one a fair trial. I believe that those who have been convicted of a crime should be given a lawyer if they cannot afford one. Because some people can't afford a lawyer and do not know how to defend themselves properly in order to win a case. In the 6th amendment it says you have the right to a speedy and fair trial. Also providing a lawyer gives people a fair chance to defend themselves against an accusation.
As I said before, I believe that those who have been convicted of a crime should be given a lawyer if they cannot afford one since some people don’t have the money to hire one or they do not have the training defend themselves properly. “Although defendants sometimes wish to represent themselves, to do so in a criminal case is unwise” (osbar.org). The defendant could have said something that was miss interpreted and could send them to jail. For example, if the defendant says something wrong a harsh punishment would be their citizenship gets taken away, if it is that bad, or in jail for longer time period than deserved. In the Gideon v. Wainwright was a court case where the defendant was not provided a lawyer and Gideon had to defend himself. Despite his efforts to defend himself he was sentenced to five years in prison because of his lack of a lawyer. As shown in the Gideon v. Wainwright court case, defending yourself against a talented attorney is not wise for your case.
In the 6th amendment it says you have the right to a speedy and fair trial, a jury, informed of the cause of the accusation, obtaining witnesses in his or her favor and to have assistance from the counsel of his or her defense (nalada.org) In order to obey the 6th amendment in a trail each person needs to have a lawyer provided or not. The Constitution secures that all people charged with a crime will be provided with a lawyer or legal counsel if they are not able to afford to hire one (calbar.ca.go). An interesting fact I learned about being given a lawyer is that if after the crime you have the financial means you have to pay for the legal defense you used. This happened in the Fuller v. Oregon case in 1974. Also in the case Wade v. United States, one of the questions was against his 6th amendment, the right to a legal counsel. The court realized this and granted a new trial with an attorney. Even though having an attorney may not help a criminal that much, it is still his or hers right through the 6th amendment.
Those who receive a lawyer are very grateful for the help to defend themselves. However this amendment can be easily abused. The defendant can say that the do not have enough money to provide for a lawyer or they don’t even have a job to pay for anything. The prosecutor’s attorney will...

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