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Current Affairs

Does the Right to Counsel Actually Exist In the U.S.?

Current Affairs

Current Affairs

Politics, Culture, Government, Comedy, News

4.6673 Ratings

🗓️ 14 December 2021

⏱️ 50 minutes

🧾️ Download transcript

Summary

Transcript

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0:00.0

Welcome to Current Affairs. My name is Nathan Robinson. I am the editor-in-chief of Current Affairs Magazine, and I am here today with Stephen Bright.

0:24.2

He is a visiting lecturer at Yale Law School.

0:27.2

He was also the director of the Southern Center for Human Rights in Atlanta for many years from 1982 to 2005,

0:35.7

and it's president and senior council until 2016, and is

0:39.9

presently teaching at Georgetown, and is a personal friend of mine who has the distinction of

0:47.2

being the professor in law school who convinced me that being a lawyer didn't necessarily have to be a huge waste of time

0:56.0

and could possibly actually accomplish some good for some people some of the time.

1:00.5

So welcome Professor Bright.

1:02.9

Well, thank you. It's great to talk to you, Nathan.

1:06.1

I want to talk to you today about the right to counsel,

1:08.5

which is something that you've written extensively on and has been at the core of a lot of your work. And I want to first zero in on why,

1:19.7

in particular, of all the various places where the criminal punishment system fails people,

1:26.5

the right to a decent lawyer is something that you

1:29.3

have tried to draw attention over and over to as a really important point at which the system

1:35.8

can succeed or fail. As we know, in 1963, the United States Supreme Court guaranteed everyone

1:42.9

the right to counsel criminal cases in

1:45.1

Gideon, but there's a quote from the first article you wrote in the Yale Law Journal in

1:52.2

1994 about this, Counsel for the Poor, the death sentence, not for the worst crime, but for

1:56.3

the worst lawyer. There's a quote that was really struck with me from the at the time the vice president

2:01.6

of the Georgia Trial Lawyers Association who said the test used it Georgia to determine whether

2:06.6

a defendant has received an adequate lawyer is the mirror test. You put a mirror under the court

2:11.3

appointed lawyer's nose and if the mirror clouds up, that's adequate counsel. Essentially,

...

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