Gideon v.
Wainwright (372 U.S. 335 (1963) "required states and localities
... to furnish counsel in the case of indigent persons charged with a felony";
Miranda v. Arizona [384 U.S. 436 (1966)] held that "police
interrogation of any suspect in custody, without his consent, unless a defense
attorney is present, is prohibited by the self-incrimination provision of the
Fifth Amendment." In each of these decisions, according to Blumberg, "the
Supreme Court reiterated the traditional legal conception of a defense lawyer
based on the ideological perception of a criminal case as an adversary, combative proceeding,
in which counsel for the defense assiduously musters all the admittedly limited
resources at his command to defend the accused." Blumberg’s analysis,
however, showed that the "Supreme Court’s conception of the role of counsel
in criminal case [does not] square with social reality." [Abraham
S. Blumberg, "The Practice of Law as Confidence Game: Organizational Cooptation
of a Profession," 1 L. & Soc. Rev. 15 (1967)]