US Laws, Codes, Statutes & Cases

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[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''.