Civil War Sesquicentennial, Part One

This year marks the 150th anniversary of the beginning of the American Civil War or, as my friends in the South prefer to call it, the “War of Northern Aggression.” By whatever name, it was the bloodiest war in American history. There were more than 620,000 casualties (in a country with a total population of only 32 million) — more than all the wars we have been immersed in through present conflicts in Iraq and Afghanistan combined.

Recently I had the opportunity to tour the battlefields of Antietam in Sharpsburg, Maryland, and Gettysburg, nestled in the rolling hills and farmland of Pennsylvania. Walking the wide expanse of fields, climbing the hills, and traversing the countryside was a moving and inspiring experience I am honored to share with you.

Years of debate, rancor, and strong feelings, including fist fights and worse, among members of Congress, culminated in the election of Abraham Lincoln, the prairie lawyer from Illinois, to the Presidency of the United States in 1860. Lincoln’s platform did not mandate the abolition of slavery, but rather pledged to prevent it from being extended into new states and territories in the United States. Nevertheless, zealots on both sides of the issue pressed their positions and unrest continued to fester after Lincoln was sworn in.

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What Must a Defendant Do in Order to Go It Alone?

While awaiting trial on criminal charges in federal court, Michael Campbell wrote the following in a letter to the judge:

Your honor I am asking that John Taylor [Campbell’s court-appointed lawyer] be removed from my case. I am requesting that you appoint another lawyer to complete the process. If not I would like to proceed pro se.

As my Criminal Procedure students have heard me discuss at length, defendants do indeed have a Sixth Amendment right to represent themselves.  Yet, Campbell’s request was not satisfied: Taylor continued to serve as his lawyer through the time of his trial and conviction.  Campbell then raised the issue on appeal, but the Seventh Circuit nonetheless affirmed his conviction earlier this week (United States v. Campbell (No. 10-3002)).  The court held, in effect, that Campbell should have renewed his request to go it alone, rather than sitting quietly throughout the trial as his lawyer continued to represent him.

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