The American Constitution grants numerous rights to people accused of crimes than to those involved in civil cases. The purpose of this constitutional protection is to protect individuals from the excesses of the government, such as abuses. Also, the Constitution gives powers to the government to shield citizens against criminal activity. In criminal cases, the defendants have several constitutional rights, while in civil cases, the law is a bit relaxed on those involved. The requirement that the prosecution in any criminal case should prove an accused person is undoubtedly guilty forms the bedrock for constitutional protection. Criminal defendants' rights are provided and protected by the Fourth, Fifth, and Sixth Amendments. Indeed, litigants in civil cases should be accorded more protection. Specifically, the right to representation in civil cases should be defined by the constitution to shield the accused. Proper sensitization programs should then be put in place to ensure that the masses are aware of the provisions on the subject matter.
The Sixth Amendment details the rights that the accused have in criminal cases. Other rights enshrined in this amendment include the right to a public trial without excessive delays and the right to an impartial jury. For criminal defenders who cannot afford legal presentation, the government is obligated to provide them with legal assistance (“ Sixth Amendment - Right to Counsel” ). However, this right to representation is not enjoyed by defendants in criminal cases at every stage of litigation, but it is sought at very critical phases of the legal proceedings. For example, in some instances of criminal proceedings, the services of a lawyer may be required to ensure that the accused right to a fair trial is not violated.
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In most cases, defendants in civil cases cannot have legal counsel to ensure that their cases are not determined in a biased manner. Unlike the case of criminal offenders, those involved in civil cases are not accorded the benefit of the right to legal representation ( Buckwalter-Poza, 2016 ). Although states marginally provide the right to representation to few civil cases, most of the people in such cases, especially the high profile ones, do not enjoy a right to legal counsel. The "Expanding Access to Justice Act of 2016" nevertheless seeks to establish a fairground in the legal system ( “ Expanding Access to Justice Act of 2016 ,” 2016) For example, the act seeks to set up a project that will advance the rights for counsel in civil cases in the District of Columbia. The act provides the bases for full and limited scope representation for litigants in civil cases that require designated organizations to provide legal counsel to eligible individuals ( “ Expanding Access to Justice Act of 2016 ,” 2016) ). With the increased protection, people embroiled in civil cases involving fundamental human essentials such as housing will have fair trials.
The District of Columbia in 2017 set a precedent in civil cases by enacting the “Expanding Access to Justice Act of 2016”. Other states in the US should seek to move in the same direction by having similar laws passed. With inadequate access to legal guidance, it is expected that many people in the country are not conversant with their rights as provided for in the Constitution and any potential claims ( Buckwalter-Poza, 2016 ). Therefore, besides expanding the scope of legal presentation in civil cases, there should be concerted efforts to conduct civic education to the citizenry. Civic education will create awareness among the citizens that they are entitled to legal representation in civil cases.
In conclusion, the right to legal counsel in criminal cases gives defendants substantial protection against government excesses. The general right to legal counsel is, however, not provided for in civil cases. The District of Columbia in 2017 enacted the “Expanding Access to Justice” Act 2016 that seeks to provide legal counsel to litigants in civil cases. Such a precedent will ensure that litigants have unbiased court process, especially in cases that involve basic needs such as housing. However, to achieve this, civic education programs should be developed and implemented to enlighten the citizens of the provisions.
References
Buckwalter-Poza, R. (2016). Making Justice Equal - Center for American Progress. Retrieved 4 February 2020, from www.americanprogress.org/issues/criminal-justice/reports/2016/12/08/294479/making-justice-equal/
District of Columbia Council. Expanding Access to Justice Act of 2016 (2016). Washington, District of Columbia.
Sixth Amendment - Right To Counsel. Retrieved 4 February 2020, from law.jrank.org/pages/10305/Sixth-Amendment-Right-Counsel.html
