What is the role of a professional lawyer in a criminal trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez, 883 F.2d 750 (9th Cir. 1989):

The accused in a criminal trial occupies a precarious position. He is the central figure in the proceeding. As the chief protagonist, the defendant, generally a poor, uneducated, sometimes illiterate person, is entitled to the "assistance" of a well-educated member of the professional bar. "The right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails.... The counsel provision supplements this design ...[of the Sixth Amendment] ... It speaks of the "assistance" of counsel, and an assistant, however expert, is still an assistant." Faretta v. California, 422 U.S. 806, 819-20, 95 S.Ct. 2525, 2533, 45 L.Ed.2d 562 (1975). Although, in form, the accused is the principal and the attorney the assistant, 2 in practice disparate educational, economic, and experiential backgrounds invert this relationship. 3 The criminal defendant, fighting on unfamiliar terrain, is forced to rely completely on the

Page 763

Other Questions


Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Is there a risk that a lawyer paid for by a third party who operates a criminal enterprise will prevent the client from testifying at trial? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Can a criminal defendant change trial counsel during the course of the trial? (MultiRegion, United States of America)
Is a criminal defendant entitled to a jury trial at the forfeiture stage of a criminal proceeding? (MultiRegion, United States of America)
In what circumstances will a jury at a federal criminal trial find that the use of a firearm under section 924(c) did not constitute a criminal offence? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.