Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-07-03T07:31:57.166Z Has data issue: false hasContentIssue false

1 - The Past and Future of the Right to an Attorney for Poor People Accused of Crimes

Published online by Cambridge University Press:  05 June 2014

John T. Parry
Affiliation:
Lewis and Clark College, Portland
L. Song Richardson
Affiliation:
University of Iowa College of Law
Get access

Summary

The Supreme Court declared more than a half-century ago that “there can be no equal justice where the kind of trial a man gets depends on the amount of money he has.” The Court later recognized that representation by lawyers is “fundamental and essential” for fairness in criminal cases. It required that lawyers be provided to people accused of crimes who could not afford them in all cases where there is a possible loss of liberty.

The legal system is so complex and contains so many procedural traps that a layperson accused of a crime can no more navigate it alone than a passenger can fly a plane in the absence of the pilot. Those accused of crimes rely upon lawyers to protect all of their legal rights, investigate thoroughly the facts, test the prosecution’s case against them through cross-examination of witnesses and other means, produce evidence that casts doubt upon guilt, and, for those found guilty, present information about the client and argue for a sentence that takes into consideration the individual circumstances of the client. This is fundamental to a fair, legitimate, and credible criminal justice system that produces reliable verdicts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Barry, Dan, In the Rearview Mirror, Oklahoma and Death Row, N.Y. Times, August 10, 2010
Bright, Stephen B., Counsel for the Poor: The Death Sentence Not for the Worst Crime but for the Worst Lawyer, 103 Yale L. J.1835 (1994)Google Scholar
Green, Bruce A., Lethal Fiction: The Meaning of “Counsel” in the Sixth Amendment, 78 Iowa L. Rev. 433 (1993)Google Scholar
Dow, David R., The State, The Death Penalty, and Carl Johnson, 37 B.C. L. Rev. 691, 694–5 (1996)Google Scholar
Ogletree, Charles J., Jr., Beyond Justifications: Seeking Motivations to Sustain Public Defenders, 106 Harv. L. Rev. 1239, 1285–9 (1993)Google Scholar
Rapping, Jonathan A., National Crisis, National Neglect: Realizing Justice through Transformative Change, 13 U. Pa. J. Law & Soc. Change331, 351–4 (2009–10).Google Scholar
Williams, Kenneth, Ensuring the Capital Defendant’s Right to Competent Counsel: It’s Time for some Standards! 51 Wayne L. Rev. 129 (2005)Google Scholar
Geimer, William S., A Decade of Strickland’s Tin Horn: Doctrinal and Practical Undermining of the Right to Counsel, 4 Wm. & Mary Bill of Rts. J. 91 (1995)Google Scholar
Benner, Laurence A., The Presumption of Guilt: Systemic Factors That Contribute to Ineffective Assistance of Counsel in California, 45 Cal. W. L. Rev. 263, 306 (2009)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×