83, 86 (1963) (holding prosecution's withholding of the confession of defendant's confederate violated defendant's due process rights). 7 Gideon v. Wainwright, 372 U.S. 335, 342 (1963) (extending Sixth Amendment right to assistance of counsel to indigent state criminal defendants); Powell v. Alabama, 287 U.

ermits the court in both civil and criminal cases to "request an attorney to represent any person unable to afford counsel." 49° And before Gideon v. Wainwright, *°° courts could request 45 Td. 46 Td. 47 Tn possible response to such concerns as I raise here, the Advisory Committee modified the Advisory Comm

nd criminal cases. 3!! While these cases do not directly involve [*913] appointment of counsel for crime victims, their principles 309 Cf. Gideon v. Wainwright, 372 U.S. 335, 344 (1963) (discussing "fairness" to the defendant as a reason for recognizing a right to appointed counsel). 310 150 Cong. Rec. S426

116 F.3d 606 (2d Cir. 1997) 28, 35 United States v. Torres, 128 F.3d 38 (2d Cir. 1997) passim United States v. Wood, 299 U.S. 123 (1936) 29, 37 Wainwright v. Witt, 469 U.S. 412 (1985) 28, 43 Warth v. Seldin, 422 U.S. 490 (1975) 52 Wright v. Bernstein, 23 N.J. 284 (1957) 46 vi EFTA00155906 Const

the moral ground on which America's legal system rests. That's essentially what the United States Supreme Court ruled in the 1986 case of Ford v. Wainwright. Citing centuries of English common-law precedent, the court pronounced that a civilized society cannot condone the execution of a person with so we

based on the fact that the govern- ment presented evidence that de- fendant was a member of a gang that had committed violen and un- lawful acts); Wainwright . Lock- hart, 80 F.3d 1226, 1 4 (8th Cir.1996) (ruling that questioning of defendant on involvement in street gang "did not serve any prop- er reb