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Response 2 612 | Criminal homework help

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100 word response 1 reference/intext citation due 1/27/2024

Herrera

  In the seminal decision of Gideon v. Wainwright, the right to legal representation was established for defendants who were unable to afford it in criminal proceedings. The CJ system has made major efforts since then in order to guarantee that defendants are provided with appropriate legal representation. On the other hand, there are still a few problems that need to be resolved.

         It is imperative that the right to legal representation be implemented as soon as the defendant is brought into custody or charged with a crime. It should not be permissible for defendants to relinquish their right to legal representation, particularly if they are defending themselves in court by themselves. Self-representation can result in a lack of understanding of the legal procedure, which can lead to an unfair trial (The Right to Counsel 50 Years After Gideon: A Resource Page, 2013). This is the reason why this is the case.

         In the same way that defendants who are represented by counsel are afforded the same opportunity, pro se defendants should be treated with respect. It is the responsibility of the judges to ensure that pro se defendants are conversant with the legal procedure and their rights. Judges should have patience and enable defendants who are representing themselves to make their case during the trial. In the process of assessing plea bargains, courts should make certain that pro se defendants have a complete understanding of the terms of the agreement as well as the repercussions of entering a guilty plea (The Right to Counsel 50 Years After Gideon: A Resource Page, 2013).

         It is crucial to recognize that the right to legal representation is a fundamental right that is necessary for ensuring that a trial is conducted in a fair manner. The Court of Justice system needs to keep working toward the goal of ensuring that all defendants have access to appropriate legal representation.

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