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An Originalist Argument For A Sixth Amendment Right To Competent Counsel, Erica J. Hashimoto
An Originalist Argument For A Sixth Amendment Right To Competent Counsel, Erica J. Hashimoto
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The Treason Act of 1696 provided a right to counsel in treason cases in England and laid the framework for the right to counsel both in England and in the United States. Evidence suggests that the Treason Act may have influenced the Framers of the Constitution; thus, any historical understanding of the Sixth Amendment right to counsel should consider the quality of representation treason defendants received. If, as appears to be the case, treason defendants had competent, experienced lawyers representing them, then the Sixth Amendment right to counsel may well include that right to such representation. This Essay suggest that …
Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein
Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein
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Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …