Criminal defendants have the right to counsel, even if they can’t afford one. That’s a staple in the law. And it was solidified even further 50 years ago in the landmark decision Gideon v. Wainwright.
On March 18, 1963, the U.S. Supreme Court held that states must provide a court-appointed attorney for a criminal defendant who’s charged with a serious offense, if the defendant lacks the resources to hire his own attorney.
But the post-Gideon road hasn’t been an easy one. There are still many problems facing public defenders and the clients they represent. Here are five of the most pressing:
In the 50 years since Gideon, the law might have been strengthened with regard to public defenders, but it’s hard to say if the overall situation has really changed, as a law professor recently opined in The New York Times. While court administrators and lawmakers have made some efforts to address the lack of funding for public defenders, it’s still hard to say whether these efforts will prove fruitful.
Related Resources:
- You Have the Right to an Attorney: Gideon v. Wainwright at 50 (FindLaw’s Supreme Court Blog)
- Man Loses Right to an Attorney After Stabbing 3 Lawyers with Pencils (FindLaw’s Strategist)
- What the Sixth Amendment Guarantees (FindLaw)
- How to Change Your Public Defender (FindLaw’s Blotter)
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