Monday, March 18, 2013
Today marks the 50th anniversary of the Supreme Court's landmark decision in Gideon v. Wainwright, a case that promises the accused charged with a crime the right to counsel. Throughout the country many are recognizing the importance of this historic day with articles that tell the Gideon story. (see, e.g., here). One sees a Supreme Court Justice (Kagan) and Attorney General (Holder) recognizing the importance of the right to counsel. (see here)
But what about the white collar case?
White collar cases can be intricate, involve numerous documents, and can entail a sophistication of understanding financial records, something that one may not find in the routine street crime case. So when Justice Kagan says that you aren't entitled to a Cadillac defense, just a "Ford Taurus" defense, will that be enough in a white collar case?
Many white collar defendants will have funds sufficient to pay their lawyers, and in these cases it may be a non-issue. But for those who do not -- Are public defender offices being given adequate funding and resources to handle the lengthy document intensive cases associated with a white collar prosecution? It is difficult to defend these cases with a broken down bicycle that has no wheels.