Defense Attorneys
Chapter Seven
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Sixth Amendment
• In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed...and to be
informed of the nature and cause of the
accusation; to be confronted with the witnesses
against him; to have compulsory process for
obtaining witnesses in his favor and to have the
Assistance of Counsel for his defense.
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The Right to Counsel Cases
• Powell v. Alabama: Indigent defendants in a
capital case in state court have a right to courtappointed counsel.
• Johnson v. Zerbst: Indigent defendants in federal
court are entitled to court-appointed counsel.
• Gideon v. Wainwright: Indigent defendants
charged with a felony are entitled to the services
of a lawyer paid for by the government.
• Douglas v. California: Indigents have a right to
court-appointed counsel during the first appeal.
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The Right to Counsel Cases
Continued
• In re Gault: Extended Gideon to juveniles.
• Argersinger v. Hamlin: Limited the right of nonfelony defendants to have court-appointed
counsel.
• Alabama v. Shelton: Indigent entitled to a courtappointed attorney even if facing only a
suspended jail term for a minor charge.
• Brewer v. Williams: defendants have a right to
counsel once adversarial proceedings have
begun.
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Pre-Trial Stages
Lawyer Required:
• Initial appearance
• Bail
• Preliminary hearing
• Arraignment
• Interrogation (postindictment)
• Line-up (postindictment)
• Plea bargaining
No lawyer Required:
• Crime
• Arrest
• Charging
• Grand jury (no lawyer
allowed)
• Line-up (preindictment)
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Ineffective Counsel
• McMann v. Richardson: An indigent
defendant has the right to effective
counsel.
• Strickland v. Washington: Set objective
standard of reasonableness of the
effectiveness of counsel.
6
Self-Representation
• Faretta v. California: Defendants have the right
to represent themselves.
• Pro Se:
– Latin for “in his or her own behalf.”
• Must demonstrate to the court the ability to
conduct their defense.
• McKaskle v. Wiggins: Court may appoint standby
counsel to consult when the defendant chooses to
represent himself.
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The Defense Attorney
• Expected to be an advocate for the client’s
case, arguing for legal innocence.
• Officer of the Court.
• Cannot deliberately mislead the court by
providing false information.
• Cannot knowingly allow the use of
perjured testimony.
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Indigent Defense
• There are three basic methods for an
indigent defendant to be appointed to an
attorney:
– Assigned Counsel
– Contract System
– Public Defenders
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Assigned Counsel
• Appointment by the court of private
attorneys from a list of available attorneys.
• Appointed by the judge on a case by case
basis.
• Used in half of the U.S. Counties, but
serves less than 1/3 of of the nation’s
population.
• Predominates in small counties.
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Contract System
• Bidding by private attorneys to represent all
criminal defendants found indigent during the
term of the contract in return for a fixed payment.
• Used in small counties.
• Criticisms of the contract system include that it
will lead to a lower standard of representation
and that the private bar will no longer play an
important role in indigent defense.
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Public Defender System
• Public or private non-profit organizations with
full- or part-time salaried staff who represent
indigents in criminal cases.
• Started in Los Angeles in 1914.
• Used in medium to large cities/counties
• Represents approximately 70% of all indigent
defendants.
• Advantages include financial benefits, continuity,
consistency, and an intimate knowledge of
informal norms of the local court system.
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