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Effective Assistance Of Counsel For The Indigent Criminal Defendant Has The Promise Been Fulfilled
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Book Synopsis Justice for the Poor by : Debra S. Emmelman
Download or read book Justice for the Poor written by Debra S. Emmelman and published by Routledge. This book was released on 2018-05-08 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or "procedurally just") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials. A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Download or read book Gideon's Broken Promise written by and published by . This book was released on 2004-01-01 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 40th anniversary of the U.S. Supreme Court's decision in Gideon v. Wainwright (which established the right to counsel in state court proceedings for indigents accused of serious crimes), the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants held a series of public hearings to examine whether Gideon's promise is being kept. Throughout 2003, extensive testimony was received from expert witnesses familiar with the delivery of indigent defense services in 22 states representing a wide cross-section of regions, populations, and delivery systems. This comprehensive report represents the culmination of a painstaking analysis of hundreds of pages of testimony compiled from the hearings, leading to the inescapable conclusion that, forty years after Gideon, the promise of equal justice for the poor remains unfulfilled in this country.
Download or read book Free Justice written by Sara Mayeux and published by UNC Press Books. This book was released on 2020-04-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.
Book Synopsis Qualitative Approaches to Criminal Justice by : Mark Pogrebin
Download or read book Qualitative Approaches to Criminal Justice written by Mark Pogrebin and published by SAGE. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth in popularity of qualitative research in the social sciences over the last two decades has been nothing short of amazing. Qualitative Approaches to Criminal Justice: Perspectives from the Field reveals some of the reasons for the success and stature of this unique methodological approach. Exploring the real life experiences of criminal justice professionals, this anthology is the first book to focus solely on the use of qualitative research in various components of the criminal justice system. The collection is organized from two criminal justice perspectives: one qualitatively oriented and the other system oriented, including overviews of each qualitative method and commentaries that analyze the research techniques. Case studies illustrating actual fieldwork practices bring theory vividly to life. Qualitative Approaches to Criminal Justice: Perspectives from the Field is multi-faceted in both its content and application. Through its investigative techniques, which rely mainly on observations, participant observation, and open-ended interviews, qualitative research reveals parts of the social world that remain hidden to more traditional methodological techniques. Recommended as a companion to an administration of criminal justice course as well as courses in qualitative research in criminal justice. Also recommended as a supplemental text for any research methods course in a criminal justice degree program including sociology, political science, and legal studies.
Book Synopsis Defending Indigents by : Debra S. Emmelman
Download or read book Defending Indigents written by Debra S. Emmelman and published by . This book was released on 1990 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Securing Reasonable Caseloads by : Norman Lefstein
Download or read book Securing Reasonable Caseloads written by Norman Lefstein and published by . This book was released on 2011 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.
Download or read book Gideon's Trumpet written by Anthony Lewis and published by Vintage. This book was released on 2011-09-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) Publisher : ISBN 13 : Total Pages :152 pages Book Rating :4.0/5 ( download)
Book Synopsis The Adequacy of Representation in Capital Cases by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Download or read book The Adequacy of Representation in Capital Cases written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis ABA Standards for Criminal Justice by : American Bar Association
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chasing Gideon written by Karen Houppert and published by New Press, The. This book was released on 2013-03-19 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.
Book Synopsis A Sword for the Convicted by : David Wasserman
Download or read book A Sword for the Convicted written by David Wasserman and published by Praeger. This book was released on 1990-09-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first study of indigent criminal appellate representation in the United States. Using New York City as a research model, it explores the organizational, tactical, and ethical challenges of providing zealous advocacy for every convicted indigent wishing to appeal. The author, a former staff attorney with New York's Legal Aid Society, examines the impact of the Supreme Court's Douglas decision on appellate courts and representation; presents an empirical study of criminal appeals in New York; and discusses the implications of this research for indigent appellate defense.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security Publisher : ISBN 13 : Total Pages :208 pages Book Rating :4.3/5 (91 download)
Book Synopsis Representation of Indigent Defendants in Criminal Cases by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Download or read book Representation of Indigent Defendants in Criminal Cases written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2009 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ordinary Injustice written by Amy Bach and published by Macmillan. This book was released on 2009-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an award-winning lawyer-reporter, a radically new explanation for America’s failing justice system The stories of grave injustice are all too familiar: the lawyer who sleeps through a trial, the false confessions, the convictions of the innocent. Less visible is the chronic injustice meted out daily by a profoundly defective system. In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to any reform. Full of gripping human stories, sharp analyses, and a crusader’s sense of urgency, Ordinary Injustice is a major reassessment of the health of the nation’s courtrooms.
Book Synopsis The Right to the Assistance of Counsel by : James J. Tomkovicz
Download or read book The Right to the Assistance of Counsel written by James J. Tomkovicz and published by Bloomsbury Publishing USA. This book was released on 2002-09-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America. Included are: •A brief history of the topic •Lengthy and sophisticated analysis of the current state of the law •A bibliographical essay organizing and evaluating scholarly material for further research •A table of cases •Index A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.
