What disparity is there between defendants outcomes when you retain a Essay

What disparity is there between defendants outcomes when you retain a private attorney versus a public defender in a criminal trial - Essay Example While the presiding judge’s job is to ensure that the prosecution presents the case in a manner which is consistent with the law he is under no duty to ensure that council for either side is competent. As a result representation of a defendant at trial is very important if the defendant is going to benefit from a trial of the issues. It is important to remember that not all criminal trials involve jurors and not all parts of a jury trial require the jurors to remain a part of the proceedings. In Powell v Alabama Justice Sutherland explained the absolute requirement for legal representation at a criminal trial. He said that ‘the right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crimes, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know h ow to establish his innocence.’ (Powell v Alabama 287 U.S. 45 (1932)) In delivering the judgment for the court, Justice Sutherland went on to explain that in the event a defendant is charged with a capital offense and could not afford to retain council the court had a residual duty to appoint council for the defendant. Failing to appoint council was tantamount to a denial of the right to due process of law under the fourteenth Amendment to the