> I think you misunderstand the nature of authority by thinking that they would recognize this as an exception.
This is not the exception, this is the rule.
> and to have the Assistance of Counsel for his defence.
Prisoners are constitutionally required to have "reasonable" access to counsel. I'm sure there's heaps of case law on what exactly is "reasonable", and there's always a risk that the guards won't allow it. If they don't, and you can prove it, you have a very good constitutional case. Kansas had to release like 70 inmates because it was discovered guards were recording inmate phone calls with counsel and releasing the tapes to prosecutors.
This is not the exception, this is the rule.
> and to have the Assistance of Counsel for his defence.
Prisoners are constitutionally required to have "reasonable" access to counsel. I'm sure there's heaps of case law on what exactly is "reasonable", and there's always a risk that the guards won't allow it. If they don't, and you can prove it, you have a very good constitutional case. Kansas had to release like 70 inmates because it was discovered guards were recording inmate phone calls with counsel and releasing the tapes to prosecutors.