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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 3005 Counsel and witnesses in capital cases us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 201 GENERAL PROVISIONS 3005 18 U.S.C. § 3005 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s3005 data/legal/raw/us/code/title-18/usc18.xml cc22ddc5f7de9bbdbbccbdeef4521cf4c799de7cea7e63b0df1eb450197090b5 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 50de21483fe45b5bb3823281373c022bed03c4f4842199b522f2a94ff51d791a 2026-07-04 official
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18 U.S.C. § 3005 - Counsel and witnesses in capital cases

Text

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 defendants 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. 103322, title VI, § 60026, Sept. 13, 1994, 108 Stat. 1982.)

Notes

Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 563 (R.S. § 1034). Changes were made in phraseology.

Editorial Notes

Amendments1994—Pub. L. 103322 substituted “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendants 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”.