Monday, October 20, 2014
Does the cases has to be civil or criminal to have legal counsel?
In society many fathers fail to provide momentary support to the custodial parent. Many face life changes issues if they can provide support to the child like, not able to obtain a passport, license suspended, on your credit report and even facing jail time. Many argue that they can afford to have legal represent to help them with the child support to be able to support the child and they court system will not point them legal assisting in their cases. Everyday their our million cases of child support hearing across the county and many need legal assisting in their cases, but none never received that help of legal represents in the cases. A cases in South Carolina a man Michael Turner was jailed because he couldn't not provide support to his children. He argued that he was unstable and couldn't support at this time and he also feel that a lawyer could help him with this domestic case in the child support court. His lawyers argued that his liberty to represent in a domestic cases is just like any cases. No matter if the state help these men in their cases they still will cost them more money if they put them in jail for not support their children, Every citizen should have assisting in help them in domestic cases just like civil or criminal cases.
http://www.nytimes.com/2011/03/24/us/24scotus.html
Wednesday, October 15, 2014
No Right To Legal Counsel
An computer assistant named Sheryl Taylor that work for IRS was suing MSPB for violated her human right to legal counsel. Taylor was removed from her position for various reasons. She filed an appeal to the federal court stated that her right to legal counsel was be violated and therefore she ask on multiple occasions that a legal counsel represent her. Ms Taylor claims that she do not have the financial capable to afford am attorney and that one should be provided for her through MSPB and they are required to assign her with a federally funded legal counsel that would assist her.But the court explain to Ms.Taylor that "constitutional right to counsel “is usually limited to criminal cases, and generally applies to civil cases" Therefore she kept filings motion for to have her legal represents , but the court denied every one of the motion Ms.Taylor, In the end the court verdict Ms.Taylor have no constitutional right for her case against MSPB. No matter what cases is before any judge we have the right to legal counsel and Ms.Taylor didn't have her rights uphold in court t, so all her motions was denied because this case was about her ability to do her job as a computer assistant.
http://www.fedsmith.com/2013/07/30/no-right-to-counsel-in-mspb-appeal/
Monday, October 13, 2014
The Right to Counsel, In the Right Situation
The United States of America Venus Zacarias Moussaqul, in this case before the juridical system Moussaqul make a plead of guilty of plotting to commit mass murder. Moussaqual was a member of Al Qaeda. He was tried in a Virginia courthouse where his constitutional rights , which he was spared the death penalty . "But it turns out that Mr. Moussaqul has two powerful and quite fundamental objections to how his case was handled, both involving the right to counsel guaranteed by the Constitution." In the process of this case , Moussaoqul that he want to change his plead to not guilty and get better lawyer to honor his sixth amendment , but the judge said he could only uses a lawyer that had a clear security clearance. But two years a the supreme court ruled that defendants has the right to choice his or her lawyer and this is violation of the sixth amendment "the conviction must be reversed whether or not the defendant would have done better with a different lawyer. Finally, Moussaqual"In another case fifty years ago, Clarence Gideon, a Florida man accused of breaking into a poolroom, who was convicted without a lawyer. In the decision that followed," Gideon v. Wainwright, the court ruled that poor people accused of serious crimes were entitled to lawyers paid for by the government." In both of these cases , their human rights was fundamental violations because not having legal represents.
http://www.nytimes.com/2008/02/26/us/26bar.html?_r=0
Wednesday, October 8, 2014
Denying Your Right
I came across a video that I found on YouTube , how a Texas man was denying his right. Yes this a violation of our human rights. As you here the audio its clearing that the judge doesn't care that he put in for an motion for abatement , which is his human rights as a citizen. No matter what the charges are he is clearing having his rights denied. Which is why all american should know what their rights are. Big or small cases we still have the right to legal counsel and in this audio the Texas man is represent himself, but is denied almost several other rights as well, beside right to legal counsel. If you was ever in this situation how will you voice your opinion about your human rights been denied in the court of law.
http://youtu.be/26dwX2LtlpE
Monday, October 6, 2014
Inadequate Legal Representation
Among all the defendant that facing more 6 to 60 years in the criminal systems for crimes that may or may not committed is due to the lack on legal representation. Do you think this is true or false? Well on June 20, 2005 an Pennsylvania man 's death sentence was overturn because of the lack of his "his lawyers' failure to search his record for evidence that could have persuaded the jury to spare his life fell below minimum constitutional standards for the effective assistance of counsel."(www.nytimes.com) Even if the dependent committed the crimes that should be have legal representation that will defend them correctly and understand what the sixth amendment is all about the right to legal counsel. You can have legal representation , but our they going to fight for you. In 2001 Ruth Bader Ginsburg commented: "People who are well represented at trial do not get the death penalty . . . I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at trial"(www.deathpenalty.org) Do you believe this is truth not just for violent crimes ? I believe that 9/10 defendant are wrongly accused for crimes that didn't committed because the lack of having inadequate legal representation or the state point them to a public defendant that overlook many keys evidences or overwork that is why so many dependent."According to an investigation by the Chicago Tribune, 12% of those sentenced to death from 1976-1999 were represented by, "an attorney who had been, or was later, disbarred or suspended--disciplinary sanctions reserved for conduct so incompetent, unethical or even criminal that the state believes an attorney's license should be taken away." An additional 9.5% inmates, "have received a new trial or sentencing because their attorneys' incompetence rendered the verdict or sentence unfair, court records show."(www.ChicagoTribune.com)
By: Shanna Grant
http://www.deathpenalty.org/article.php?id=83
http://www.nytimes.com/2005/06/21/politics/21scotus.html?pagewanted=all&_r=0
http://www.chicagotribune.com/news/watchdog/chi-991115deathillinois2-story.html#page=1
Wednesday, October 1, 2014
why have legal right is important?
What if we didn't have the right to have legal counsel on any other human rights? How would are society be?? hmmmm!! But if someone told us that we was going to jail for a crime we didn't commit, we would be crying for a lawyer. In a article that found searching the web. Talk host Dr.Phil feel about legal counsel and us thank our power back. "Stand up for yourself and say, "I'm taking my power back. I'm not going to give them the power to pick my feelings. They're wrong, and I can look myself in the mirror knowing the truth." You have to decide that you believe in who you are, what you stand for, and what you do, and you just need to go forth and do it. You need to walk forward from the situation. Who you are and what you do, that will win out in time"(www.Dr.Phil.com) The power to have legal counsel is almost equal to having citizenship. We should not allow our reputation to be jeopardize because we can afford legal counsel or we don't know the right to have legal counsel if we are guilty or not guilty. Do you want your power back to legal counsel?
By:Shanna Grant
http://drphil.com/articles/article/217
By:Shanna Grant
http://drphil.com/articles/article/217
Monday, September 29, 2014
Immigrant Children need Legal Counsel Too
Some people feel that you only need a lawyer when you have a criminal case ,but the American Civil Liberties and others group feel that immigration do too. Recently this year the American Civil Liberties and other group sued the federal government for failure to provide legal counsel Representation to immigration children in their deportation proceeding. I know what you think they are immigration and they should not be allow legal counsel, but they are humans and have right just like all of us. The reason the group file the law suit because they immigration ages 10-17 was unable to find a lawyer to stop the government from deportation them. Its hard to understand this statement "In this country, immigration courts, unlike criminal courts," Do not provide lawyers for immigrants who are fighting deportation" (www.npr.org) that is crazy. Just because they are crossing the broader doesn't mean or should not be a way they can have legal counsel like the rest of the Americans citizen."immigrant advocates generally agree that more than half of all unaccompanied children in deportation proceedings do not have legal counsel."(www.npr.org) Do you feel that the children should have legal counsel? are they human right been violated just because they are immigrants? Well have a legal counsel sometime help in any cases."The Obama administration's recent request for emergency funds to handle the wave of immigrants on the Southwest border includes $45 million for 40 additional immigration judge teams and $15 million for direct legal representation to children."(www.npr.org) Since they government help fund the wave of immigrants why not granted them legal counsel too?
By:
SHANNA GRANT
www,npr.org
Thursday, September 25, 2014
Yes we have the right to legal counsel, but do we exercise that right to the sixth amendment. Many people in our society know about the right to legal counsel, there is one citizen that does know about Jodi Arias does. I read several articles and watch media covering about her case.Although she had legal counsel for her first trial, but now she making the decide to represent herself in her retrial. Do you really believe that after she go before the judge she would be able to have legal counsel after she represent herself.. Even though she is exercise her sixth amendment to legal counsel , but the judge is stopping all media and public to follow her retrial .Do you think this fair to her and should she gain legal counsel to allow her to have the media and public be at her retrial? Now that we know that we have legal counsel . Can we just tour sixth amendment before the honorable judge to fight for her ?
www.usatoday/Jodi Arias.com
By.Shanna Grant
www.usatoday/Jodi Arias.com
By.Shanna Grant
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