Is It Time to Correct What Has Resulted in A Massive Injustice for Criminal Defendants in Courts Around the Country Every Day?
There is no question that the Supreme Court has essentially defined criminal defendants’ rights; from criminal proceedings to investigations, searches, arrests, interrogations, Fourth Amendment limitations on arrests, searches and seizures, Fifth Amendment rights against self-incrimination, Sixth Amendment right to counsel, protections under the 14th Amendment, and more. From police officers having to inform suspects of their rights, to defendants having to be provided with an attorney free of charge, and evidence that has been illegally obtained being inadmissible in court, every day, criminal defense in state courts is governed by standards set by the Supreme Court. As a result, the Court is effectively the nation’s chief regulator of criminal justice.
However, there is also no question that criminal defendants face a significant structural disadvantage at the Supreme Court level, where government actors are at a significant advantage. While prosecutors have the government’s interest in mind, even if that means losing the case, criminal defense attorneys have to do what is best for the individual defendant, not necessarily what is best for all criminal defendants in general in terms of establishing precedent and procedural rules that will apply to everyone else. As a result, compromises are often made for all criminal defendants with each case if it means a better outcome for that particular defendant.
An Office Of The Defender General
As a result, some academics – and even some Supreme Court Justices – have suggested that criminal defendants deserve more at the Supreme Court level and, in the same way that there is a Department of Justice, there should be an Office of the Defender General that could be charged with advocating for the long-term interests of criminal defendants in general and as a whole before the Supreme Court. This Office of the Defender General would help the Court overcome a massive blind spot and its role as a flawed regulator of criminal justice, and in cases where the individual defendant’s interests diverge from those of the collective interests of all criminal defendants, the Office could urge the Court not to grant certiorari.
Working with an Experienced Criminal Defense Attorney Is Essential
Every move in a criminal case is key, from the very moment a suspect is identified and arrested. This is because your rights are triggered very early on in the process, when evidence can be used against you. As a result, you want to work with the very best in criminal defense representation.
If you live in New York and have been accused of a crime, contact experienced NYC criminal attorney Mark I. Cohen right away for a free consultation to find out more about your rights and our services.
Resource:
papers.ssrn.com/sol3/papers.cfm?abstract_id=3516181
