Skip to main content

'Right to an attorney' only goes so far. Our war on crime leaves injustice in its wake.

Americans' right to legal counsel protects all of us against the government's power to lock us away, confiscate our possessions and deny us the ability to earn a living.

Sixty years ago, the U.S. Supreme Court's Gideon v. Wainwright decision established one of the most vital components of our justice system by recognizing that people accused of a crime have a Sixth Amendment right to effective legal counsel.

That right protects all of us against the government's power to lock us away, confiscate our possessions and deny us the ability to earn a living.

But six decades after the Gideon decision was handed down, the promise of that ruling – America's promise – remains unfulfilled.

Ultimately, the struggle for freedom requires rooting out systemic racism and the oppression of women and marginalized communities, including in the legal system.

We're leading the cause of defending against injustice


For the first time in history, the leaders of the nation’s three preeminent organizations of criminal attorneys are Black women, leading the cause of defending against injustice and government overreach.

We carry the weight of the communities we serve, communities with so many unmet needs beyond the right to an attorney.

And serving those needs – such as equitable opportunities for housing, education, health care, behavioral health services, child care and jobs with living wages – would do more to make our society safe than building more jails and prisons in America. Public defense plays an essential role in these areas.

We seek to give our members who are on the front lines of justice across America – whether public defenders or court-appointed counsel for people who cannot afford to pay – the tools to identify, disrupt and redress institutional bias and discrimination as they champion justice, case by case. 

Our country suffers an addiction to mass incarceration. Nearly half of Americans have a loved one who is currently or formerly incarcerated.

More than 5 million people are under supervision by the criminal legal system. Nearly 2 million people, disproportionately Black, are living in jails and prisons instead of their communities, a 500% increase since 1973. We lock up more of our population than any other country.

Every day, we see more Americans hauled into court due to government overreach, such as the criminalization of reproductive health care and overcriminalization of drugs. Police abuse and prosecutorial misconduct compound the problem.

Since the advent of the failed national policy of mass incarceration during President Richard's Nixon “tough on crime” era 50 years ago, we defenders have at times been complacent in the failures of the system.

When we sound a wake-up call for the system in which we operate, we also rouse ourselves to not be complacent with injustice. We must not just point to policing; we must also face systemic racism and discrimination within our roles as criminal defense lawyers. It’s about being truthful and accountable across the board, especially within our role. Sometimes this hurts. It should.

Public defenders provide check on the system


But public defenders provide a vital check on governmental abuse of power and corruption, as well as on law enforcement and prosecutor misconduct. Beyond simply defending people, we interpret the legal system to our clients so that it makes sense and is fair to all parties.

This is vital in cases where poverty and the justice system intersect; we often reach out to engage resources that help meet our clients’ needs beyond the need for legal representation.

Want criminal justice reform?: Plea bargaining and mass incarceration go hand in hand. We need to end both.

If we believe in a fair, rational and humane justice system, let’s respect public defenders – not just by marking March 18 as National Public Defense Day on the calendar or giving a speech, but also by appreciating their vital role in the justice system.

We should provide public defenders reasonable caseloads along with the equitable funding and resources required to do their jobs of providing the effective assistance of counsel promised by Gideon.

Since the Gideon ruling, our nation has at least built the infrastructure in every state and territory where we can fight for equal justice under law.

But the fight for justice is not yet a fair fight. As we celebrate the anniversary of this landmark precedent, our challenge is to ensure that we do not leave the story of the fulfillment of Gideon’s promise, and for a better system of public defense, to our granddaughters.

Source: USA Today, Opinion, April Frazier Camara, Lori James-Townes and Lisa Monet Wayne, March 17, 2023. April Frazier Camara is president and CEO of the National Legal Aid & Defender Association; Lori James-Townes is executive director of the National Association for Public Defense; and Lisa Monet Wayne is executive director of the National Association of Criminal Defense Lawyers.

_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.