Essay Available:
Pages:
2 pages/≈550 words
Sources:
3
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:
State and Government must obey the Bill of Rights.
Essay Instructions:
Assignment Details
Assume that you are working at a local criminal defense law firm. The managing partner has asked you to research the following issues. The attorney anticipates that these issues could arise in a criminal case that your firm has accepted.
State and local governments must obey the Bill of Rights. Write a 2–3-page paper that considers the following:
During a state criminal prosecution, a defendant is guaranteed many rights through the Due Process Clause of the 14th Amendment to the Constitution. Almost all of the Bill of Rights have been incorporated through the 14th Amendment and apply to the states. Select 1 of these constitutional guarantees that you believe is the most important, and provide an example of how this constitutional right of a state defendant might be violated during the criminal process.
Could this violation form the basis of an appeal if the defendant is convicted?
To which court can the verdict from a state trial be appealed (use your state as an example)?
To which court can the verdict from a federal trial court be appealed (again, use your specific federal courts as an example)?
Is there an intermediate court of appeals in your state or federal system?
What is the court of last resort (highest appeals court) in your state and in the federal courts? Does this court have original jurisdiction over any criminal actions?
Please provide citations to your references at the end of your assignment in a Reference section.
Essay Sample Content Preview:
State And Government Must Obey the Bill of Rights
Student’s Name
Institutional Affiliation
Course
Instructor
Due Date
State And Government Must Obey the Bill of Rights
Could This Violation Form the Basis of An Appeal If the Defendant Is Convicted
The American Constitution guarantees individuals the right to counsel for individuals accused of certain crimes. This guarantee is interpreted to mean that anybody facing criminal charges has the right to a presentation by an attorney throughout the justice process. This guarantee is paramount since the right to counsel helps make sure charged individuals have legal assistance that protects their interests, presents a defense, and helps with understanding the proceedings. Therefore, a violation of the right to counsel can occur if an individual is denied access to an attorney, particularly during critical stages of the criminal process. For example, if a suspect is interrogated by law enforcers without the presence of an attorney, it translates to a violation of this right. The violation is also seen when a defendant does not have an attorney to represent them during the trial process.
To Which Court Can the Verdict from A State Trial Be Appealed
Primarily, suppose a defendant is convicted for a suspected crime and, throughout the trial process, they did not have an attorney. In that case, it means their right to a carousel was violated, and this is the basis for a possible appeal. In such a case, a defendant can file for an appeal through an appellate attorney based on the argument that their right to counsel was violated, which led to an unfair trial. In the California States, the appeal process is done at the appellate court, and it involves a critical review of circumstances that led to the violation of a right to counsel, particularly determining whether the violation had a prejudicial implication on the case's outcome ("California cour...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now: