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Criminal Law Commons

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Criminology and Criminal Justice

Duquesne Law Review

Journal

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Full-Text Articles in Criminal Law

The Problem Of The Unrepresented, Misrepresented And Rebellious Defendant In Criminal Court, Burton R. Laub Jan 1964

The Problem Of The Unrepresented, Misrepresented And Rebellious Defendant In Criminal Court, Burton R. Laub

Duquesne Law Review

For upwards of twenty years, the Supreme Court of the United States has wrestled with the question whether an indigent defendant charged with serious crime must, on request, be afforded the assistance of counsel at public expense. In a series of landmark cases it has decided such assistance must be afforded as a matter of constitutional right. Most trial judges are in agreement with these decisions, not so much on constitutional grounds but because they see practical advantages therein, and because they would welcome an even broader rule requiring every party to a lawsuit to have full representation. While trial …