Who's To Blame for the Steady Deterioration of Our Sixth and Fourteenth Amendment Right to Counsel?
Despite the fact that our state government is clearly responsible for making sure constitutional protections are afforded to all of its citizens, remarkably our state government has found a way to dodge this obligation.
June 27, 2022 at 01:30 PM
12 minute read
The New York state legislature, governor and counties have repeatedly reminded us that indigent legal defense and the representation of families and children is not their priority, even in our state, which is viewed as one of the most progressive states in the nation. In the landmark case of Gideon v. Wainwright, 371 U.S. 335 (1963), the U.S. Supreme Court declared that both the Fourteenth and the Sixth Amendments of the U.S. Constitution require states to furnish legal counsel to all indigent defendants accused of felony crimes. Despite the fact that our state government is clearly responsible for making sure constitutional protections are afforded to all of its citizens, remarkably our state government has found a way to dodge this obligation. They have done this by both neglecting to fund programs designed to protect constitutional rights, and by saddling the financial responsibility to meet this mandate on to the counties.
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