Right to Counsel

"In all criminal proceedings, the accused should have the right to receive a prompt and public trial by a fair jury in the country in which the crime was committed, the area was previously determined by law, and the content of the complaint Causes are notified Witness, compulsory procedures for witnesses who support him, and assistance to attorneys (revision of United States Constitution No. 8) As stated in the Constitution, the right of counsel is our It is an important right in the judicial system of.

Attorney's right means that the accused has the right to be assisted by a lawyer (ie a lawyer) and if the accused can not pay the attorney's fee, the government either nominates a single person or attorney's fee You need to pay. Attorney's rights are often seen as part of the right of justice. However, historically, not every country always admits lawyers' rights. This right is usually included in the national constitution. There are 155 languages ​​with this effect in the 194 Constitution currently in force.

Attorney's right means that a criminal defendant has the right to have a lawyer assist defense, even if he can not pay attorney's fee. The sixth amendment gave the defendant the right to obtain a federal lawyer. However, until 1963, at 372 US 335 Gideon v. Wainwright, the lawyers' rights were applied to the prosecution of state serious offenses. This is done by the principle of consolidation. However, it does not guarantee the attorney's right to a specific misconduct.

One area of ​​controversy related to defense rights is the defendant 's right to a lawyer during the criminal procedure, if that right is attached, in other words. Brewer v. In Williams, 430 US 387 (1977), the Supreme Court ruled through legal charges, preliminary hearing, prosecution and defendants whether rights to attorneys were obtained at the beginning or the start of the judicial process. The court stated that a prisoner suspected of killing in a prison (ie the killing of another prisoner) had lacked the right to a lawyer in administrative separation. Prosecution is because the so-called "separation" was done before "the start of the judicial procedure by the referee."