Public Defense Reform | American Civil Liberties Union

Q: When does the constitutional right to counsel apply?

After the landmark decision in Gideon v. Wainwright that established the right to counsel, the U.S. Supreme Court expanded this right to children in juvenile delinquency proceedings, to people in probation revocation proceedings, and to indigent defendants charged with misdemeanors. The court has also found that the right to counsel applies for all defendants at their initial appearances and that plea bargaining constitutes a "critical stage" of any criminal proceeding, thereby requiring the effective assistance of counsel in connection with plea negotiations.

Question 1

Which criminal rights are included in the Constitution?

Accepted Answer

Several of the amendments to the Constitution prescribe rights that apply to the criminal legal system. These include protections against unreasonable search and seizure, being tried for the same crime twice, self-incrimination, excessive bail, and cruel and unusual punishment. The Bill of Rights also includes positive rights such as the right to a speedy trial by a jury of one’s peers, the right to counsel, as well as equal protection and due process.

Question 2

When does the constitutional right to counsel apply?

Accepted Answer

After the landmark decision in Gideon v. Wainwright that established the right to counsel, the U.S. Supreme Court expanded this right to children in juvenile delinquency proceedings, to people in probation revocation proceedings, and to indigent defendants charged with misdemeanors. The court has also found that the right to counsel applies for all defendants at their initial appearances and that plea bargaining constitutes a "critical stage" of any criminal proceeding, thereby requiring the effective assistance of counsel in connection with plea negotiations.

Question 3

What is the state of public defense?

Accepted Answer

Across the country, many public defenders or assigned counsel are forced to juggle too many cases at once, which prevents them from conducting adequate investigation and legal research. Too often public defense providers meet their clients for the first time minutes before critical proceedings. Moreover, too often public defenders are up against prosecutors armed with greater resources, larger staff, and a partnership with the local law enforcement agencies.

The constitutional right to counsel requires more than a warm body to appear with a defendant. This right is not vindicated when attorneys lack the time and resources to be an effective advocate. Thus, one of the areas CLRP focuses on is creating or improving public defense systems to ensure quality representation for all defendants, regardless of income or social status.

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