§ 3005. — Counsel and witnesses in capital cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3005]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 201--GENERAL PROVISIONS
Sec. 3005. Counsel and witnesses in capital cases
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,
Sec. 60026, Sept. 13, 1994, 108 Stat. 1982.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 563 (R.S. Sec. 1034).
Changes were made in phraseology.
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''.
