An unfulfilled promise from day one
On March 18, 1963, the U.S. Supreme Court ruled in Gideon v. Wainwright that every person accused of a crime should have a lawyer to defend them. But 60 years later, tens of thousands of people across the country still appear in court without counsel. This disregard for the Sixth Amendment and Gideon must end, and change needs to start on day one.
Imagine going to court for the first time without a lawyer by your side.
The Constitution promises that every arrested person will have prompt access to the courts and an attorney. Yet, 26 states do not guarantee the assistance of counsel at the first court appearance. And only five states require initial court appearances within 24 hours. These injustices must not stand.
The Deason Criminal Justice Reform Center launched Day One to end the unfair and dangerous delays that people face in seeing a judge and meeting with an attorney.
There are 26 states (highlighted here) that do not guarantee the assistance of counsel at the first court appearance. Ohio only requires this important legal protection in limited circumstances.
CHANGE STARTS ON DAY ONE
When a person is arrested, the first 24 hours are critical to ensuring fair process and preventing unnecessary harm. Before the end of day one, the courts must provide three essential things:
AN APPLICATION FOR
COURT-APPOINTED COUNSEL
AN ATTORNEY FOR THE INITIAL
COURT APPEARANCE
AN INITIAL COURT APPEARANCE
TO ASSESS RELEASE
TIMING IS EVERYTHING
When life and liberty is at stake, every second counts. Delaying access to counsel and making people wait days to see a judge is dangerous and costly. When the essential Day One protections are in place, people can avoid serious, long-term, and sometimes tragic consequences.
LONGER
PRE-TRIAL
DETENTION
TRAUMA, VIOLENCE, INJURY
PLEADING GUILTY WITHOUT A LAWYER
LOSS OF HOUSING/
INCOME
HARM TO FAMILIES AND CHILDREN
WASTE OF TAXPAYER RESOURCES
THE DAY ONE DIFFERENCE
Even brief delays in initial appearance impact public safety by increasing the likelihood of further involvement with the justice system. Compared to people held for 8-14 days, those released within 24 hours were:
- 36% less likely to be rearrested before trial
- 34% less likely to recidivate after sentence completion.
Before (without counsel)
After (with counsel)
60%
40%
20%
0%
County A
County B
County C
After three New York Counties provided counsel at initial appearance, there were dramatic increases in release at initial appearance.
DAY ONE STORIES
Jessica Jauch's Story
Because the local court only met four times each year, Jessica Jauch spent 90 days in jail without seeing a judge or a lawyer. She was innocent all along.
Carl Murdock's Story
After waiting 48 days in jail before his initial court appearance, a judge was shocked to discover that Carl Murdock's arrest was a mistake.
Michael Lowe's Story
Michael Lowe did not know why he had been arrested until he was brought to court after eight agonizing days in jail. His wrongful detention inflicted lasting trauma.
LEARN MORE ABOUT DAY ONE
Read the report that started it all. Gain a better understanding of the importance of day one and the consequences of due process delays.
Explore these report cards that offer a closer look at the laws governing day one procedures in each U.S. state.
Read our recommendations and learn how some jurisdictions are guaranteeing day one protections for people in their community.
Dive deeper into the legal landscape that has allowed people to languish in jail for days without a lawyer with this law review article.
Watch these event recordings to get caught up on the latest conversations about day one issues and advocacy.
Learn more about the thought partners and national experts on the Day One Advisory Board
DAY ONE
Contact Us
3300 University Blvd., Suite 130
Dallas, TX 75205
214-768-2837
DeasonJusticeCenter@smu.edu
Take Action
Stay tuned for ways you can get involved and help advocate for Day One reforms.
