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Books & Treatises
The Right to the Assistance of Counsel by
Publication Date: 2002-09-30
Tomkovicz tracks the progression of the Sixth Amendment guarantee of counsel's assistance since the 1963 Gideon v. Wainwright ruling.
Chasing Gideon by
Publication Date: 2013-03-18
Fifty years after Gideon v. Wainwright, reporter Karen Houppert shares the intimate details of individual lives and legal cases, chronicling the stories of people in all parts of the country who have relied on Gideon’s promise.
The Founders' Constitution by
Publication Date: 2000-05-01
This five volume set that contains an extensive collection of documents discussing the United States Constitution. Volume five, devoted to Amendments I-XII, is most relevant to research regarding the right to counsel.
Treatise on Constitutional Law by
Publication Date: 1999-01-01
This is a highly regarded treatise on the subject of constitutional law.
Substantive Criminal Law by
Publication Date: 2003-01-01
Library of Congress Subject Headings
Law Review Articles
Law review articles are very useful secondary sources because they can help explain, analyze and interpret complex constitutional issues.
Prosecution Without Representation
This article analyzes the Supreme Court ruling in Rothgery v. Gillespie County in order to emphasize the results of a national survey revealing assigned counsel’s widespread absence at the bail stage and frequent delay before representing an accused in court.
Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
This note argues that the Sixth Amendment’s text, history, and relevant Supreme Court jurisprudence demand reconsideration of the current limits on a defendant’s choice of counsel.
State Constitutional Challenges to Indigent Defense Systems
This article considers the role that state constitutions play in the protection of individual rights, as a continuation of Justice Brennan's 1977 law review article published in Harvard Law Review. Brennan's article was concerned with the post-Warren Court trend of retreating from prior interpretations that had greatly benefitted the indigent reform system. See also William J. Brennan, Jr., State Constitutions and the Protection of Individual Rights, 90 Harvard L. Rev. 489 (1977).
Litigating the Ghost of Gideon in Florida: Separation of Powers as a Tool to Achieve Indigent Defense Reform
This article discusses the Miami-Dade statute, which, in essence, advises defenders to refuse or withdraw from cases when excessive caseloads interfere with their capacity for effective representation and describes the resulting conflict with Gideon v. Wainwright.
Strengthening the Criminal Defendant’s Right to Counsel
This article argues that the courts must strengthen the indigent defendant’s right to counsel by recognizing a right to continuity of representation, being more receptive to requests for substitution of counsel, allowing attendance at all hearings related to the defendant's representation and disfavoring self-representation.
Alabama v. Shelton: One Small Step for Man, One Very Small Step for the Sixth Amendment's Right to Counsel
This article discusses the Supreme Court cases dealing with the right to counsel that lead up to the decision in Alabama v. Shelton and whether the Shelton decision was enough to remedy the Court's recent departure from the prior Sixth Amendment jurisprudence.
Encyclopedias & American Law Reports
American Law Reports (Available on Lexis and Westlaw). Comprehensive summary and commentary on Sixth Amendment cases regarding the Right to Counsel that have come before the Supreme Court. Randy J. Sutton, Construction and Application of Sixth Amendment Right to Counsel—Supreme Court Cases, 33 A.L.R. Fed. 2d 1 (2009).
American Jurisprudence (Available on Lexis and Westlaw). Contains footnotes and references to selected cases, “Research References,” West Digest Key Numbers, and American Law Reports Annotations. 21A Am. Jur. 2d Criminal Law § 1135 (2013).
Corpus Juris Secundum (Available on Westlaw). Contains footnotes and references to somewhat more exhaustive cases than American Jurisprudence.,“Research References,” West Digest Key Numbers, and American Law Reports annotations. 22 C.J.S. Criminal Law § 339 (2013).
ACS Issue Briefs
Are We Closer to Fulfilling Gideon's Promise?: The Effects of the Supreme Court's 'Right-to-Counsel Term'
Examines the five “Right-to-Counsel Term” decisions the Court handed down during the 2011-2012 Term and the subsequent lower court decisions applying those holdings.
The "Right-to-Counsel Term"
Provides a preview of the five cases comprising the "Right to Counsel Term," in which the Court was to consider the right to counsel and related claims during the 2011-2012 term. This resource is relevant for the evaluation of the cases, regardless of the outcomes.
When Excessive Public Defender Workloads Violate the Sixth Amendment Right to Counsel Without a Showing of Prejudice
Discusses a litigation strategy which avoids Strickland’s prejudice prong by focusing on the absence of counsel at a critical stage of the proceedings, rather than the ineffectiveness of counsel‟s conduct.
Assessing the Indigent Defense System
Stresses the importance of collecting data on representation rates in misdemeanor and felony cases by highlighting the absence of current data in place. The brief also considers potential barriers that are preventing indigent defendants from being represented and methods for assessing whether those barriers in fact are preventing representation.
A Legislative Approach to Indigent Defense Reform
Proposes text of legislation designed to generate nationwide indigent defense reform. The brief suggests that this legislation (1) must confirm that the burden of providing indigent defendants with counsel rests with the states; (2) must give some weight to the notion of ineffective assistance of counsel without running afoul of Supreme Court precedent; (3) must address who will be appropriate parties to a suit brought under the statute; and (4) must address the question of appropriate remedies.