Scholarship@WashULaw

Document Type

Article

Language

English (en)

Publication Date

2010

Publication Title

Missouri Law Review

Abstract

The right of one charged with [a] crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impar-tial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with [a] crime has to face his accusers without a lawyer to assist him.

You can't give me too many cases, too many clients, too many prosecutors, and then tell me I have to conduct a farce of a trial when you know I am not ready. A system that will force me to be-tray my client by failing to represent him adequately at trial, is a system I won't play along with. You can't make me fail my client.

Keywords

Criminal Law, Criminal Defense, Right to Counsel, Sixth Amendment, Due Process

Publication Citation

Peter A. Joy, Ensuring the Ethical Representation of Clients in the Face of Excessive Caseloads, 75 Mo. L. Rev. 771 (2010)

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