How to effectively help American criminal defendants from lawyers

Authors: Li YaohuiHebei century ark lawyer

  The criminal defendant the right to counsel as one of the basic human rights of citizens of a civilized country. In USA, the defendant lawyer help is necessary, the lawyer is a necessity, not a luxury, irreplaceable role of lawyers in the criminal procedure.

  The lawyers in the America criminal procedure plays an important role, because in American criminal prosecution system, lawyers are key figures. They decided to testify and should show what evidence which the witnesses to appear in court. They ask the other party witness cross examination, to ensure fair competition in the opposing lawyer in the trial. USA government to hire lawyers, the best lawyers hired the defendant a wealthy person, this means a widespread notion, is a lawyer is essential in criminal proceedings.

Because of this, if not a lawyer's help, the defendant may not in and criminal charges are fully and effectively to realize their right of defense in the equivalence of meaning, so obtained a lawyer's help is

In American, the defendant lawyer help, behoove contains lawyer help right. A right of action that effectively help the defendant lawyer as a defendant in accordance with the law in the criminal procedure, criminal defendants to exercise the right to counsel, the best way to avoid the violation of the rights of the defendants, have very important sense a fair trial and the realization of procedural justice and substantive justice. American Federal Supreme Court thought, the lawyer's right is the lawyer help right. The provisions American sixth amendment to the Federal Constitution: "in all criminal cases, the defendant enjoys the right of access to lawyers." This is simple, but the meaning is very rich, and American Federal Supreme Court through a series of case illustrates its legal meaning.

The criminal defendant lawyer help, the most difficult problem is how to determine whether effective counsel "". In this regard, American Federal Supreme Court has gone through a long debate and evolution, and in 1984 the Strickland v. Washington, the Supreme Court finally established the constitutional standard. Show that in Strickland v. Washington, if the lawyer has the following behavior, it provides to the defendant's help is invalid: (1) the lawyer defective behavior, can not play an effective role; (2) a serious error of the defendant lawyer made a negative impact, and cause the defendant cannot get justice trial. After 1984 the Federal Supreme Court also pointed out that help the defendant without lawyers have three situations: (1) the defender mistakes. For example, the defenders do not understand the major legal, affect the realization of the rights of the defendant, it is not effective to counsel. (2) government intervention. For example, an adjournment in the trial for next continue to court, the defendant and counsel ban, which defended the act of unlawful interference defender. (3) the conflict of interest. For example, the counsel at the same time as an opposite two common defense, nor effective legal counsel.

In 1993, Lockhart v. Fretwell, the Federal Supreme Court made more difficult to overturn the conviction standard, namely according to the case of Strickland, in order to show that the unfair trial, the defendant must show that counsel's errors are so serious, that robbed him enjoy a fair or trusted jurisdiction, rather than just trial the results of different.

  About what is effective to help, really is a problem yet untold. America Supreme Court this way anti lists to solve this problem, but experienced a long process of judicial precedent. USA Federal Supreme Court against the practice of law invalid help situation, put forward the concept of effective help and in judicial precedents established lawyer help right.

In USA, government agencies shall not interfere in counsel, to deny or intervention counsel it, may constitute the invalid defence, which is caused by the defendant acquitted or remand.

In America, criminal defendants in various stages of litigation are (or key stage) is effective in helping to have the right to obtain the lawyer. According to the American Federal Supreme Court precedent, the criminal defendant at key stages, namely the lack of a lawyer to help will affect the criminal defendant substantive rights, should have to obtain legal law enforcement guarantee help right. If due to economic difficulties cannot afford to hire a lawyer, the court shall assign lawyers, to enjoy the right of access to lawyers. In order to achieve this goal, the law should make those in urgent need and to have the assistance of counsel for the defendant is effective in helping to get the public defender.

In 1963, Gideon v. Wainwright, thought that the lawyer in criminal cases is necessary, not a luxury, when the defendant committed by the free punishment for sin, shall appoint one for him. In this case, the Supreme Court first recognized the Sixth Amendment right of lawyer terms applicable to the States, will be required in the state court of the designated lawyer rights extended to all the poor of the felony defendants. The 1966 Miranda v. Arizona, that the defendant in custody or free restricted circumstances, the implementation of pre inquest should inform the defendant has the right, especially the attorney rights, and have a lawyer present during trial, if the person is poverty, will be acting as its designated a lawyer.

USA criminal defendant for help no lawyer may enjoy the right of relief. Important meaning lies in effectiveness evaluation of the effect of the lawyer, the right to counsel from formal equality to substantial equality across. Accordingly, not obtained a lawyer's help to the defendant, to solve this problem, then logically the invalid defence system. American invalid defense system is a criminal defendant lawyer help and fair trial system. Dereliction of duty counsel against the defendants are entitled to effective help right, now need to invalid defence system to carry relief of the rights of the accused function.

American Federal Supreme Court said, providing effective legal aid lawyers can not, so with no lawyer would. However, counsel for the defendant to obtain a fair trial is essential,, help the defendant has not obtained a lawyer, so we cannot expect the defendant to obtain a fair trial. In American, establish effective defense system's original intention, is not to improve the quality of lawyer, but to ensure that the accused to a fair trial.