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美国宪法第六修正案规定:“在一切刑事诉讼中,被告有权……获得律师协助为其辩护。”在实践中,这意味着:第一,如果被告愿意并且有能力聘请律师,则政府不得干涉或阻挠;第二,如果被告打算请律师,但无力支付聘请律师的费用,则法院必须为他指定由政府支付费用的公共辩护律师。①由于种种因素的影响,与私人聘请的律师相比,公共辩护律师在其履职的过程中出现“差错”
The Sixth Amendment to the U.S. Constitution stipulates: “In all criminal proceedings, an accused person has the right ... to obtain counsel’s assistance in defending him.” “In practice, this means: First, if the accused is willing and able to hire a lawyer, The government should not interfere or obstruct it. Second, if the defendant intends to hire a lawyer but can not afford the cost of hiring a lawyer, the court must assign him a public defense lawyer who is paid by the government. As a result of various factors, compared with privately-employed lawyers, public defense lawyers appear ”errors " in their performance of their duties,