Download or read book An Analysis of the Performance of Federal Indigent Defense Counsel written by Radha Plumb and published by . This book was released on 2010 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to an equal and fair trial regardless of wealth is a hallmark of American jurisprudence. To ensure this right, the government pays attorneys to represent financially needy clients. In the U.S. federal court system, indigent defendants are represented by either public defenders who are salaried employees of the court or private attorneys, known as Criminal Justice Act (CJA) attorneys, who are compensated on an hourly basis. This study measures differences in performance of these types of attorneys and explores some potential causes for these differences. Exploiting the use of random case assignment between the two types of attorneys, an analysis of federal criminal case level data from 1997-2001 from 51 districts indicates that public defenders perform significantly better than CJA panel attorneys in terms of lower conviction rates and sentence lengths. An analysis of data from three districts linking attorney experience, wages, law school quality and average caseload suggests that these variables account for over half of the overall difference in performance. These systematic differences in performance disproportionately affect minority and immigrant communities and as such may constitute a civil rights violation under Title VI of the Civil Rights Act.
Download or read book An Analysis of the Performance of Federal Indigent Defense Counsel written by Radha Iyengar and published by . This book was released on 2007 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The right to an equal and fair trial regardless of wealth is a hallmark of American jurisprudence. To ensure this right, the government pays attorneys to represent financially needy clients. In the U.S. federal court system, indigent defendants are represented by either public defenders who are salaried employees of the court or private attorneys, known as Criminal Justice Act (CJA) attorneys, who are compensated on an hourly basis. This study measures differences in performance of these types of attorneys and explores some potential causes for these differences. Exploiting the use of random case assignment between the two types of attorneys, an analysis of federal criminal case level data from 1997-2001 from 51 districts indicates that public defenders perform significantly better than CJA panel attorneys in terms of lower conviction rates and sentence lengths. An analysis of data from three districts linking attorney experience, wages, law school quality and average caseload suggests that these variables account for over half of the overall difference in performance. These systematic differences in performance disproportionately affect minority and immigrant communities and as such may constitute a civil rights violation under Title VI of the Civil Rights Act."--Abstract.
Download or read book An Analysis of the Performance of Federal Indigent Defense Counsel written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book For the Good of San Francisco written by and published by . This book was released on 1927* with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
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 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.
Download or read book Stanford Law Review Volume 63 Issue 2 January 2011 written by Stanford Law Review and published by Quid Pro Books. This book was released on 2011-02-24 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Download or read book Yale Law Journal Volume 122 Number 1 October 2012 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2012-11-06 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available in ebook formats. This issue of The Yale Law Journal (the first issue of Volume 122, academic year 2012-2013) features new articles and essays on legal theory, tort law, criminal defense representation, statutory interpretation, "branding" of celebrities and artists, and other areas of interest. Contributors include such noted scholars as Ariel Porat & Eric Posner (on the concept of aggregation in decision-making over many fields of law), Victoria Nourse (on using legislative history in statutory interpretation), and James Anderson & Paul Heaton (on effectiveness of defense counsel in murder cases). The issue also features student contributions on rights of identity and branding, sales tax, and international statutory interpretation. Quality formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and essays), as well as active URLs in notes and properly presented tables.
Download or read book Yale Law Journal written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-06-29 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Symposium: The Gideon Effect: Rights, Justice, and Lawyers Fifty Years After Gideon v. Wainwright." The year 2013 marks the golden anniversary of the U.S. Supreme Court's landmark ruling in Gideon v. Wainwright (1963), which established a constitutional right to counsel for criminal defendants. A half century later, there remains a compelling need for a reexamination of its legacy, extensions, shortfalls, and long shadow over other areas of law such as immigration and custody disputes. This special Symposium issue of the Yale Law Journal is, in effect, a new and extensive book on this important subject, featuring contributions by internationally recognized legal and political scholars. It is one of the most thorough, detailed, and wide-ranging analyses of the current standing and reach of what may be the Court's most important criminal law decision. The contributors are: Rebecca Aviel, John H. Blume & Sheri Lynn Johnson, Stephen B. Bright & Sia M. Sanneh, Paul D. Butler, Jeanne Charn, Erwin Chemerinsky, Gabriel J. Chin, Martha F. Davis, Ingrid V. Eagly, Roger A. Fairfax Jr., Bruce A. Green, M. Clara Garcia Hernandez & Carole J. Powell, Emily Hughes, Kevin R. Johnson, Neal Kumar Katyal, Nancy J. King, Nancy Leong, Justin F. Marceau, Hope Metcalf & Judith Resnik, Pamela R. Metzger, David E. Patton, Eve Brensike Primus, L. Song Richardson & Phillip Atiba Goff, Jenny Roberts, and Carol S. Steiker. The issue, the eighth and final one of academic year 2012-2013, also includes a cumulative Index to the eight issues of Volume 122. As with previous digital editions of the Yale Law Journal available from Quid Pro Books, features include active Tables of Contents (including links in each Essay's own table), linked footnotes and URLs, and proper ebook formatting.
Download or read book We the People written by Erwin Chemerinsky and published by Macmillan + ORM. This book was released on 2018-11-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Download or read book Toward a More Effective Right to Assistance of Counsel written by and published by . This book was released on 1995 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigent Defense Study Commission written by North Carolina. Indigent Defense Study Commission and published by . This book was released on 2000 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook on Punishment Decisions written by Jeffery T. Ulmer and published by Routledge. This book was released on 2017-10-16 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on Punishment Decisions: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. This collection of essays and reports of original research defines disparity broadly to include the intersection of race/ethnicity, gender, age, citizenship/immigration status, and socioeconomic status, and it examines dimensions such as how pretrial or guilty plea processes shape exposure to punishment, how different types of sentencing decisions and/or policy structures (sentencing guidelines, mandatory minimums, risk assessment tools) might shape and condition disparity, and how post-sentencing decisions involving probation and parole contribute to inequalities. The sixteen contributions pull together what we know and what we don’t about punishment decision-making and plow new ground for further advances in the field. The ASC Division on Corrections & Sentencing Handbook Series publishes volumes on topics ranging from violence risk assessment to specialty courts for drug users, veterans, or people with mental illness. Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research.
Download or read book Indigent Defense in the United States written by Susan Wynne and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Many indigent defense systems across the country lack sufficient resources and the appropriate administrative and operational infrastructure to ensure effective assistance of counsel under the Sixth Amendment. In fact, the literature indicates that many of the country0́9s indigent defense systems have been in a state of crisis since the landmark case Gideon volume Wainwright solidified the right to counsel for poor criminal defendants over 50 years ago. Despite the well-documented nature of the problem and recommended solutions offered by the legal profession and panels of indigent defense experts, many indigent defense systems continue to struggle. Using a systematic qualitative analysis of court and government records, this dissertation sought to determine whether and to what extent each of the 50 states have adopted the recommendations from previous studies aimed at addressing the crisis. The dissertation further evaluated the relationship between the presence or absence of those components and legal challenges to the constitutionality of states0́9 indigent defense delivery systems. The data for the study were obtained from publicly available documents obtained using a combination of Internet searches, legal research, previous studies, and, where necessary, public information requests. Findings of the study indicate that though most states have some of the recommended components examined, very few had all of them in place. The findings also suggest, however, that while all recommended indigent defense system components may be preferred, not all are as critical as others to ensuring effective assistance of counsel in day-to-day operations. However, states should be aware of which of the best practice components they do not have in place as well as the reasons they are lacking. Further, states should assess the need for change on their own terms since several states that have failed to do so have faced costly and protracted structural reform litigation that has forced them to do so. The results provide a comprehensive overview of the nation0́9s indigent defense systems that does not exist in the literature, but that is necessary to begin evaluating and addressing the causes of the indigent defense crisis that is well-documented in the literature. The electronic version of this dissertation is accessible from http://hdl.handle.net/20.500.11875/2193
Download or read book Litigating in the Shadow of Death written by Welsh S. White and published by University of Michigan Press. This book was released on 2009-01-22 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Anyone who cares about capital punishment should read this compelling, lucid account of the obstacles defense attorneys face and the strategies they adopt." --John Parry, University of Pittsburgh School of Law "With its compelling narratives of cases, strategies, and ethical dilemmas, Litigating in the Shadow of Death is difficult to put down. . . . This pathbreaking book encapsulates the experience of the most respected capital defenders in America and shows how they save even the worst of the worst from execution. It also shows how sleeping and otherwise incompetent lawyers bring death sentences to their clients. Litigating in the Shadow of Death explores the lawyers' tasks at every stage of the criminal process--investigation, client interviewing, conferring with victims' families, plea bargaining, trial, appeal, and post-conviction proceedings." --Albert W. Alschuler, Julius Kreeger Professor of Law and Criminology, University of Chicago "A unique and profoundly important contribution to the literature on the death penalty. White allows the leading capital defense attorneys to speak in their own voices. His work reveals a new source of arbitrariness in the death system--whether the penalty is imposed turns more on who is your lawyer than on how evil was your deed or your character. Litigating in the Shadow of Death offers concrete guidelines for better lawyering, protection of the innocent, and understanding the artistry of the best capital attorneys. This is vivid, gripping stuff." --Andrew Taslitz, Professor of Law, Howard University "A most illuminating book by a splendid writer and an eminent critic of the capital punishment system." --Yale Kamisar, Professor of Law, University of San Diego "Welsh White has written another excellent book on the death penalty--this one on how defense attorneys in capital cases successfully prevent the state from executing their clients. Based on original research, Litigating in the Shadow of Death is informative and insightful. This is a book that all serious students of American capital punishment must read." --Richard Leo, University of California, Irvine Welsh S. White was Bessie McKee Walthour Endowed Chair and Professor of Law at the University of Pittsburgh.
