Defense Counsel
The main task is to protect the clients and their constitutional rights throughout the trial process.
Adequate protection of suspects in court requires defense counsel to thoroughly investigate all aspects of the case, analyze it, and predict the likely results.
In court, defenders can find evidence through discovery, speak with witnesses of the crime, and file pretrial motions.
Obtaining evidence through discovery is the process of exchanging available evidence and witness information between the parties represented in court (Criminal justice standards, 2017).
Interviewing witnesses is the process of talking and asking questions to a person who may know any information about the circumstances affecting the consideration and resolution of a case.
Filing pretrial motions. Defense lawyers use preliminary motions to resolve specific issues before the trial.
A suspect’s right should be represented by a defense lawyer at all stages of the US criminal process, and it is a constitutional principle enshrined in the US Constitution and several other laws. Without the assistance of a lawyer, the suspect, due to lack of sufficient knowledge and skills, is unable to conduct his or her defense at the proper level. The suspect may hire defense counsel, or, if he or she is unable to do so, be provided by the State. Such a lawyer’s main task is to protect the clients and their constitutional rights throughout the process.
To fulfill their primary function of protecting the rights of clients, defense lawyers establish trusting relationships with them. All information received is protected by legal secrecy and cannot be disclosed under pressure from other parties. At the same time, defenders should not forget that they are not only representatives of their clients, but also the court, and their main goal is justice. In the process of communicating with suspects, defense lawyers advise them and help them understand their capabilities in current situations.
Obtaining evidence through discovery can be testimony data under oath, various documents affecting the case, and others. Evidence through discovery can be obtained not only through the exchange but also through a subpoena or motion.
Interviewing witnesses. In the US criminal trial, testimony is the primary source of evidence. The reasons for this are their ability to show the picture of the crime most fully. Moreover, often other types of evidence are introduced into the case through the testimony. Sometimes the court is forced to replace documentary or material evidence with witnesses’ words due to the impossibility of submitting other evidence. A defense lawyer in court may interview a witness with the necessary professionalism and respect for the interviewee and his/her rights.
Filing pretrial motions. They have a significant influence on the course of the trial and the case itself. Motions may be filed if there is insufficient evidence, and counsel may request the dismissal of the charges. This method can also be used if the evidence to be presented in court is obtained illegally, for example, by searching without grounds. Another example of using motion is if it is necessary to change the trial’s place due to its publicity and threat to the suspect.
Peggy Hettrick Case
- Represent and protect the rights of suspect Timothy Masters.
- Motion about the insufficiency of knives collection and writing as evidence.
- Search of witnesses.
- Links to the second suspect.
In the case of Peggy Hettrick, defense counsel needs to represent and protect the rights of suspect Timothy Masters. Since among the grounds for his arrest were a hobby in the form of collecting knives and writing cruel stories, the defense lawyer could file a motion about the insufficiency of this evidence and the requirement not to use them in court. To obtain evidence through the opening and interrogation of witnesses, it was essential to find those who could tell about the second suspect. Since he had previously been arrested, police officers could give testimonies. Moreover, the defense’s task is to find witnesses ready to talk about Timothy, his behavior, and his character. Thus, for the Peggy Hettrick case, the defense attorney can use various methods to protect Mr. Masters’ rights.
Reference
Criminal justicestandards for the defense function. (2017). Web.