My colleagues here at the Justice Programs Office (JPO) will cringe when they see this, but I sometimes hear clips from the old TV show “Law & Order” when we talk about the right to counsel. Bear with me, please, but for a long time I thought Miranda warnings and the right to counsel were synonymous. And though I now know that not to be true, when we have these conversations I still can’t help but hear the echo of so many detectives in so many episodes saying, “You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” Law & Order was my grandmother’s favorite show—she loved Lennie Briscoe—and I spent a lot of time watching it with her as a teenager. One of the consequences of hearing law enforcement officers on TV tell every person they arrest that they have the right to an attorney and that one will be provided if need be is that I—and, I suspect, many others—think that’s how the American justice system works. Every person accused of a crime has access to defense counsel.
