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The Judicial Process Essay

1989 words - 8 pages

The Judicial ProcessRahmaad EkpaGOVT 2302 - 8414Instructor Rey FloresOctober 1, 2011The Judicial ProcessIn America's history it is clear our country has grown. The growth of our country has shifted the role of our government from its original purpose. A government that was intended to lead this nation and be the guiding light of truth, justice, and the American way has now become corrupted by the power it wields. The three branches of power that make up our government, the legislative, executive, and judicial branches have all expanded the boundaries of their powers so that they wield more now than ever at any point in history. As a result, the rights of Americans have been violated, the laws that govern us have been twisted, and where there was once intended to be checks on the power of the government, there are none. This is especially evidenced in the daily practices of our judicial system.One of the basic principles of in our judicial system is the right to legal counsel. The sixth amendment to the Constitution of the United States the right to have an attorney. Furthermore, the right to a court-appointed attorney for people who couldn't afford to hire a private attorney was firmly established in the US Supreme Court case of Gideon v. Wainwright. One would assume this would be to the benefit of a client in need of legal counsel. The law is not complicated, rules are rules and they should be followed, and a good citizen should not be ignorant of the law. The language of the law is a different story, the ways in which the law is written, the ways in which they are carried out, and the proceedings of judicial court are all foreign to the average American. Aside from what they see on television shows like "Law and Order" most [American] people are ignorant, not by choice, but because the way of the law is highly complex. This is why of the total U.S. workforce, 124 million people, only 6 percent are lawyers. It's a tough profession that requires an intimate and intellectual knowledge of the law. Lawyers are trained and schooled for years on the intricacies of the law. There are state issued bar exams to test the knowledge of the individual before they can even become a lawyer, the pass rate for such exams is only 50 percent. This is why there are court appointed lawyers by right, because a defendant cannot reasonably be expected to have the understanding required to state their case adequately. However, sometimes lawyers appointed by the court aren't acting in the best interest. In fact, according to one author "With little state oversight, court-appointed lawyers, for a variety of reasons, were sacrificing the interests of their most vulnerable and malleable constituency - the defendants they were supposed to be protecting. In this process, the defense lawyer, the judge, and prosecutor form a kind of tag team - charge the accused, assign a lawyer, prosecute, plead, sentence". (Bach, 12) The very lawyers assigned to protect these clients, these...

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