"The Sixth Amendment provides that "In all criminal prosecutions, the accused shall enjoy the right to . . . have the Assistance of Counsel for his defence." At one time, this meant that, except in capital cases those involving the death penalty or life imprisonmenta defendant had the right to an attorney only if he or she could afford one. However, in 1938, the U.S. Supreme Court decided a case that required the federal courts to appoint attorneys for indigent defendants those without financial meansin all federal felony cases. Twenty-five years later, in the case of Gideon v. Wainwright (1963), the Court extended the right to counsel to all felony defendants, whether in state or federal court. In 1972, the Court further extended this ruling by requiring that no imprisonment may occur, even in misdemeanor cases, unless the accused is given an opportunity to be represented by an attorney. The right to the assistance of counsel is basic to the idea of a fair trial. In a criminal trial, the state (the people) is represented by a prosecutor who is a lawyer. In addition, the prosecutor's office has other resources, including investigators, to help prepare the case against the accused. At a minimum, the defendant needs a skill- ful lawyer to ensure a fair trial. As a result of these Supreme Court decisions, criminal defendants who cannot afford an attorney have one appointed to them free of charge by the government. These attorneys may be either public defenders or private attorneys. The public defender's office is supported by the government. The job of the public defender's office is to represent poor people in criminal cases. Lawyers appointed by the court to handle criminal cases for indigent defendants are typically paid less than private lawyers hired directly by a defendant. Some people criticize the overall quality of representation that poor criminal defendants receive in this country. These critics say that criminal defendants with money to hire their own lawyers have a much better chance of being found not guilty than do economically disadvantaged defendants."

Problem 14.5

a. Assume a defendant wants to handle his or her own defense. Should this be allowed? Do you think this is a good idea?

b. Assume a lawyer knows that his or her client is guilty. Is it right for the lawyer to try to convince the jury the person is not guilty? Explain.