The Sixth Amendment to the United States Constitution Guarantees Those Accused Of

The sixth amendment to the United States Constitution guarantees those accused of

crimes to the right to effective counsel and the right to a speedy and public trial and also have the

assistance of counsel to his defense. But what happens if those entrusted to ensure these rights

are given, are guilty themselves of violating these rights. Over the years, there have been real

life examples of prosecutorial misconduct, judicial misconduct, and ineffective defense counsel.

These actions jeopardize the rights of the individual, but can also often lead to victims not seeing

justice in their particular complaints.

The prosecution is the party in the criminal justice system tasked with proving, beyond a

reasonable doubt, the accused is guilty of the crime which they are on trial for. At what cost

would a prosecutor purposely deprive the accused of their rights and completely undermine the

Criminal Justice System, and all it stands for. In March of 1995, Shareef Cousin was arrested in

Louisiana and charged with the murder of Michael Girardi. Girardi and a female were on their

first date at a well-known restaurant in New Orleans. As the two were leaving, they were robbed

and Girardi was shot in the face and killed. Cousin was already in police custody, being charged

with a string of armed robberies committed by a group of teenage boys in the New Orleans area.

One of Cousin’s co-defendants was offered leniency for information concerning Girardi’s

murder. Cousin was pinpointed at became the police’s number one suspect. Girardi’s date was

asked to identify Girardi’s shooter, but she told investigators she could not positively identify the

shooter. Despite having an alibi, Cousin was convicted of first degree murder and sentenced to

death. In April of 1998, the Louisiana Supreme Court reversed Cousin’s conviction, citing the

prosecution failed to disclose parts of the police investigation, including where the eye witness

admitted she