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Author: Sara Mayeux Publisher: UNC Press Books ISBN: 1469656035 Category : Law Languages : en Pages : 287
Book Description
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.
Author: Sara Mayeux Publisher: UNC Press Books ISBN: 1469656035 Category : Law Languages : en Pages : 287
Book Description
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.
Author: Jonathan Rapping Publisher: Beacon Press ISBN: 0807064629 Category : Law Languages : en Pages : 250
Book Description
A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.
Author: Norman Lefstein Publisher: ISBN: 9780615543765 Category : Legal assistance to the poor Languages : en Pages : 292
Book Description
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.
Author: Paul B. Wice Publisher: Bloomsbury Publishing USA ISBN: 0313049041 Category : Law Languages : en Pages : 224
Book Description
Eighty to ninety percent of the nation's urban criminal defendants are defended in court by public defenders. Thus, understanding how these defender programs operate, their effectiveness and the quality of professional life for these beleaguered and often underpaid attorneys, is a critical factor in improving local criminal justice systems. What is it like to practice law in such an inhospitable environment, where clients often revile their counsel and prosecutors hold defenders in contempt? How does a public defender maintain self-esteem and dignity? What are the particular problems and obstacles of public defender offices? And how might such departments overcome these obstacles so that defendants and defenders, as well as the public, benefit? In vivid prose, and with vignettes and quotes from the lawyers themselves, Wice answers these questions and paints a truer picture of the state of public defenders offices than most of us have from television and the media. Through a colorful profile of a reform-minded public defender's office Newark, N.J., one of the nation's most crime-ridden smaller cities, Wice examines the public defender system and shows how even the smallest reforms, especially those that address quality of life and work for public defenders, can make a big difference. Comparing the smaller defender's office to larger ones in such cities as New York and Chicago, which have not instituted significant reforms, the author illustrates the successes that can be found when change is implemented. Flaws remain, but with improved services and work environments, this important component of the overburdened criminal justice system can function more effectively, creating a system that benefits lawyers, defendants, and the community alike.
Author: Matthew Clair Publisher: Princeton University Press ISBN: 069123387X Category : Social Science Languages : en Pages : 320
Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Author: Anthony Lewis Publisher: Vintage ISBN: 030780528X Category : History Languages : en Pages : 290
Book Description
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: Nora V. Demleitner Publisher: ISBN: 9780735507098 Category : Sentences (Criminal procedure) Languages : en Pages : 0
Book Description
A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm
Author: Kevin Davis Publisher: Simon and Schuster ISBN: 0743270940 Category : Law Languages : en Pages : 324
Book Description
Award-winning journalist Davis spent a year in Chicago's Cook County Public Defender's office for this look into the American justice system. More than 300,000 cases go through this office--some involving the death penalty--with approximately 600 public defenders to work them.
Author: Sara Mayeux
Author: Sara Mayeux
Author: Jonathan Rapping
Author: Norman Lefstein
Author: Marjorie Kravitz
Author: Paul B. Wice
Author: 
Author: Matthew Clair
Author: Anthony Lewis
Author: Nora V. Demleitner
Author: Kevin Davis