§3005 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Anyone charged with treason or another crime that can carry the death penalty must have lawyers to defend them. If the defendant asks, the court must quickly appoint two lawyers, at least one experienced in capital cases, and let them have reasonable access to the accused. The court should consider the Federal Public Defender’s recommendation or, if none exists in the district, the Administrative Office of the U.S. Courts. The defendant may call lawful witnesses and use the court’s normal power to force them to appear, just like the prosecution can.

Title 18, §3005

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 563 (R.S. § 1034). Changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall” for “learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall”.

§3005 Counsel and Witnesses in Capital Cases