Gideon's Trumpet by Anthony Lewis

Author:Anthony Lewis [Lewis, Anthony]
Language: eng
Format: epub
Tags: Biography & Autobiography, Retail, Nonfiction, Legal, History
ISBN: 9780307805287
Google: IhDfidRb5wIC
Amazon: B005IEH7XG
Barnesnoble: B005IEH7XG
Publisher: Vintage
Published: 1989-04-23T04:00:00+00:00

First, “the aid of counsel is indispensable to a fair hearing.” Even a trained criminal lawyer will not undertake his own defense. Many constitutional rights, such as the new protection against use of illegally seized evidence, “are meaningless in the absence of counsel.” Second, the absolute requirement of counsel in federal prosecutions confirms the need. Third, reliance on the trial judge to assert the defendant’s rights is misplaced because a man cannot be both judge and counsel. Fourth, the distinction between capital and non-capital cases is invalid as a basis for determining the constitutional right to counsel. The due-process clause protects one’s “liberty” and “property” as well as one’s “life.” Moreover, the need for counsel is greater in some non-capital crimes. The Court rejected the capital-non-capital distinction in the overseas court-martial cases; because of their importance (Fortas thus rejecting Ely’s advice to play them down) they are discussed in a separate appendix. Fifth, the equal-protection clause requires provision of counsel, citing Griffin v. Illinois.

II. The demands of federalism do not dictate continued adherence to Betts v. Brady.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.