A Retreat From the Adversarial Spirit of 'Gideon'
The prevailing view on the court appears to be that the lawyer has ended up with too much power in the criminal justice system. The majority (sometimes a bare majority) suggests that an effective lawyer is too costly to society. The danger that the guilty may go free is too great a cost to pay in order to feel secure that the government's power to punish is truly in the hands of the people (as represented by a jury). Read More