“In all criminal prosecutions, the accused shall enjoy the right…

to have the Assistance of Counsel for his defense.”

- U. S. Constitution, Amendment VI

 

The U.S. Constitution guarantees the accused the effective assistance of an attorney. Over 40 years ago, in the landmark case Gideon v. Wainwright, the United States Supreme Court ruled that “the assistance of counsel is a fundamental right essential to a fair trial.” But in Michigan, this right is being denied.

 

The amount of money you have should not determine whether you get an adequate defense representation. However, in Michigan, voters overwhelmingly believe that a rich person gets better treatment than a poor person.[1]

 

 

 

The Constitutional rights of all Michigan residents must be protected.

 

The state has the responsibility to promptly provide qualified counsel to anyone accused of a crime who cannot afford an attorney. No exceptions. Michigan’s public defense system has been singled out as one of the worst in the nation for failing to meet national standards.[2]

 

Michigan has no standards for trial-level public defense services.

• There is little to no funding for experts or investigators.
• Individuals often meet their attorneys for just a few minutes before trials.
• Many attorneys have such unmanageable caseloads that they cannot provide an effective defense.
• Many lack training or experience for the cases they handle.

 

To address this Constitutional crisis, Michigan needs to restore the right of all people accused of crimes to receive effective defense representation.