§ 3005. Counsel and witnesses in capital cases
348 words·~2 min read·
/usc/title-18/section-3005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
(June 25, 1948, ch. 645, 62 Stat. 814; Pub. L. 103–322, title VI, § 60026, Sept. 13, 1994, 108 Stat. 1982.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 563 (R.S. § 1034).
Changes were made in phraseology.
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- June 25, 1948, ch. 645
- 62 Stat. 814
- Pub. L. 103–322, title VI, § 60026
- 108 Stat. 1982
- Pub. L. 103–322
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§ 3005
Counsel and witnesses in capital cases
Fed. Reg.×3
ActJune 25, 1948, ch. 645
Stat.62 Stat. 814
Pub. L.Pub. L. 103–322, title VI, § 60026
Stat.108 Stat. 1982
Pub. L.Pub. L. 103–322
Cites 5Cited by 3 across 1 source