Development of The Constitution Essay Example | Topics and Well Written Essays - 1750 words

Development of The Constitution - Essay Example The English legal system denied provisions granting necessary resources and protection to the people accused of crimes; unless the allegations were proven true. It was the American law which initially offered legal asylum to the accused groups (Paul, 2006). The legal asylum does not imply special and lenient treatment, rather the defendants were provided with minimum services to defend their position. The intent of such measures has been to bring credibility to the judicial system of the United States. Before 1960s, the courts were reluctant to offer counsel services to the accused groups. The services for the counsel were either limited or rejected; the provisions for counsels were provided based upon the financial standing of the accused groups. It was in the case entitled Powell v. Alabama 1963, when the court favoured the counselling services for the accused groups; the ruling encouraged the states to offer judicial protection to the accused groups through counselling. This was considered to be the first ruling which blatantly refused and challenged the interpretation of the British law; the law which discouraged any such counselling provisions for the accused groups. The court ruling considered it to be the legitimate demand of the defence for provisions of legal counselling services; however the court involved the states to determine the extent and nature of counselling to the accused groups. In 1942 during the hearing of Bett v. Brady, the court ruled it necessary to provid e adequate legal protection to the accused group through counselling; however the requirement of legal counselling through lawyer to the accused group shall be evaluated on the basis of necessity. Such rulings confirmed that American law was adopting distinct approach, and in some cases challenged the interpretation of the English law. In 1960 the American law confirmed and reiterated its resolution to provide