RIGHT TO COUNSEL
Right to Counsel
Unit Seven Assignment
LS305
Allan Valentine
09/29/2013
The Sixth Amendment to the Constitution of the United States said: In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense."
The earlier cases regarding Right to Counsel were fought in the state courts. In Webb v. Baird, 6 Ind. 13 (1853) the state court ruled that an indigent suspect had the right to be appointed a counsel at the state’s expense2. The Court said:
"It is not to be thought of in a civilized community for a moment that any citizen put in jeopardy of life or liberty should be debarred of counsel because he is too poor to employ such aid," the Indiana court wrote. "No court could be expected to respect itself to sit and hear such a trial. The defense of the poor in such cases is a duty which will at once be conceded as essential to the accused, to the court and to the public."
This state court decision was in the middle of the 1800’s and was a full century and more ahead of its time. Federal Courts abided by the right to counsel in felony cases in all federal courts per the Sixth Amendment but state courts went from one extreme to the other. The Indiana ruling was by far the exception to the rule. Most state courts depended on the Pro Bono system to help indigent defendants. Lawyers were ‘encouraged’ to help these defendants at the ‘strong’ suggestion of the court. Usually attorneys understood that to mean that it was required of them if they wished to remain in the good graces of the court in the local area. Colonial America was also in disarray as to the question. Of the original 13 colonies New York, New Jersey, Pennsylvania, and Georgia had some provision for attorneys being appointed in some form for felony cases or death penalty, but the remainder did not think it important enough to even carry it forward into their constitutions when the union was formed. Only Rhode
Unit Seven Assignment
LS305
Allan Valentine
09/29/2013
The Sixth Amendment to the Constitution of the United States said: In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense."
The earlier cases regarding Right to Counsel were fought in the state courts. In Webb v. Baird, 6 Ind. 13 (1853) the state court ruled that an indigent suspect had the right to be appointed a counsel at the state’s expense2. The Court said:
"It is not to be thought of in a civilized community for a moment that any citizen put in jeopardy of life or liberty should be debarred of counsel because he is too poor to employ such aid," the Indiana court wrote. "No court could be expected to respect itself to sit and hear such a trial. The defense of the poor in such cases is a duty which will at once be conceded as essential to the accused, to the court and to the public."
This state court decision was in the middle of the 1800’s and was a full century and more ahead of its time. Federal Courts abided by the right to counsel in felony cases in all federal courts per the Sixth Amendment but state courts went from one extreme to the other. The Indiana ruling was by far the exception to the rule. Most state courts depended on the Pro Bono system to help indigent defendants. Lawyers were ‘encouraged’ to help these defendants at the ‘strong’ suggestion of the court. Usually attorneys understood that to mean that it was required of them if they wished to remain in the good graces of the court in the local area. Colonial America was also in disarray as to the question. Of the original 13 colonies New York, New Jersey, Pennsylvania, and Georgia had some provision for attorneys being appointed in some form for felony cases or death penalty, but the remainder did not think it important enough to even carry it forward into their constitutions when the union was formed. Only Rhode