Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
Michigan Law Review
“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …
The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence
The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence
University of Miami Race & Social Justice Law Review
The role of the public defender in the United States is one that is often disparaged and widely misunderstood. This note will first attempt to illuminate the evolution of the public defender movement in the United States, detailing its rather quiet ascent to the forefront of the criminal justice system: from the early work of Clara Foltz, to the trial of Clarence Earl Gideon, and beyond. The note will also broach just a few of the many systemic issues faced by the modern day public defender, including the unfortunate perception of inferiority from both the general public and indigent defendants …
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert
University of Miami Law Review
In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …