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Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
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Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
Triaging Appointed-Counsel Funding And Pro Se Access To Justice, Benjamin H. Barton, Stephanos Bibas
Triaging Appointed-Counsel Funding And Pro Se Access To Justice, Benjamin H. Barton, Stephanos Bibas
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For decades, scholars and advocates have lauded Gideon’s guarantee of appointed counsel in criminal cases and sought to extend it into a civil-Gideon right in a range of civil cases. This past Term, the Supreme Court disappointed the civil-Gideon movement in Turner v. Rogers, unanimously rejecting an across-the-board right to counsel while encouraging reforms to make courts more accessible to pro se litigants. Turner is mostly right, we argue, because funding limitations require reserving counsel mostly for criminal cases, where they are needed most. For the first time, the Court recognized that lawyers can make cases not only slower and …