Essay Questions Defendants, Jury, and the Trial Question I

EssayQuestions: Defendants, Jury, and the Trial

QuestionIHowdoes the media, in the role of a courtroom spectator, reinforce ideasof what a criminal looks like?

Media,in the role of a courtroom spectator, reinforces ideas of what acriminal looks like in many ways. For instance, the media plays asignificant role in allowing the society to form an opinion about acriminal before justice prevails hence, creating a high likelihoodof changing and altering the outcome of a trial. Most journalists andtelevision companies strongly believe that the constitution has giventhem the right to air and publish any information during the courtproceedings (Siegel, Schmalleger, &amp Worrall, 2015). However, themedia may make the general public reach hasty conclusions about theinnocence or guilt of a criminal such conclusions may not bereflected in the final verdict of the jury. This is a clearindication that media sometimes expose a criminal to public reactionthat might be wholly unfair and unjustified if he or she issubsequently acquitted. Again, even if the criminal is not foundguilty, his or her chances of securing anonymity or future employmentwill be minimal because of the publicity he or she has alreadysuffered.

Presenceof media in courtroom further play a significant role in helping acriminal undergoes a fair and justice trial in other words, it helpsimprove the trial process of the criminal. The public monitoring thecourt proceedings to some extent make the judiciary and lawyers toincrease their efficiency and adhere to good standards of behaviorprior to acquitting or declaring the criminal guilt (Fellman, 2007).In fact, the presence of media in courtroom plays a vital role inpreventing a judge from making an occasional ignorant comment orutterance towards the criminal in fear such comments or utterancesbeing aired or beamed into every home in the nation.

Indeed,presence of media in courtroom acts as a powerful tool for thecriminal in his or her defense in case he or she decides to appeal toa higher court. The media usually keep a video record of a trialhence, both the judge and the criminal can watch the video recordingto ascertain the quality of evidence given by the witness at thetrial.Question2Whatconstitutes effective counsel? What are examples of ineffectivecounsel?&nbsp

Effectivecounsel refers to diligent as well as competent legal representationin any criminal case, which must meet the minimum standards of duecare expected of an attorney. Effective counsel give attorneys to usetheir skills tap all legitimate resources and expend every energy inexercising their professional judgment as well as in representingtheir defendants. Additionally, the counsel owes all defendants dutyof loyalty, which should not be hindered by either state orconstitutionally deficient performance of the counsel (Siegelet al., 2015).

Ineffectivecounsel violates the Sixth Amendment right to counsel of criminaldefendants in an enormous manner. Any claim of ineffective counselshould be initially raised before trial or sentencing process.

Examplesinclude:

  • Attorney failures to act in a competent manner resulting to the prejudice of the defendant

  • Deficient conduct of the attorney hence, he or she does not meet the objective standard of reasonableness as required and outlined under the prevailing professional norms

  • Failure to object to an ID, to investigate, as well as failure to present testimonies of experts.

References

Fellman,D. (2007). TheDefendant’s Rights Today.Univ of Wisconsin Press.

Siegel,L. J., Schmalleger, F., &amp Worrall, J. L. (2015). Courtsand criminal justice in America(2nd ed.). Upper Saddle River, NJ: Pearson.