Page 242 - Beers With Our Founding Fathers

Beers with our Founding Fathers

It is said that the worst client an attorney can have is himself.

This is truer of the person that tries to defend themselves. The
defendant does have the right to do so, an ill-advised right. From

arrest to adjudication, the defendant is afforded the right to an
attorney. In charges of high crimes, and possibly some

misdemeanors (jurisdiction dependent), the attorney may be
provided by the state at no charge to the defendant. This also

includes, to a lesser and limited degree, services necessary for the
defense – such as investigators and experts. This includes any

appeals processes, for which a jury is not a right. The right to
confront and compel witnesses provides the defendant with being

able to examine and cross-examine witnesses of their own and of
the prosecution. Historically, a witness could be heard by the

prosecution and that witness’s statement, if true and factual, could
be used against the defendant and without the benefit of cross-

examination; hearsay. The defendant did not have the absolute
right to compel witnesses, it was at the discretion of the court and

determined by the relevance presented by the defendant. Also
within these rights is the ability to aid in their own defense. The

necessity of a person being able to aid in their own defense is as
fundamental as our life experiences. When a person’s liberties and

freedoms are on the balance of the scales of justice, it is necessary
for them to be present, cognizant and contributing to their defense.

If a person cannot aid in their defense, they are possibly also not

mentally competent to stand trial.
In the Atlantic British Colonies, jury trials were all but prohibited
to the colonists, and a separate trial and jury system was in place for

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