Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

Scholarly Works

Right to counsel

Articles 1 - 4 of 4

Full-Text Articles in Law

The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson Jan 2017

The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson

Scholarly Works

In misdemeanor cases, pretrial detention poses a particular problem because it may induce innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This Article uses detailed data on hundreds of thousands of misdemeanor cases resolved in Harris County, Texas—the thirdlargest county in the United States—to measure the effects of pretrial detention on case outcomes and future crime. We find that detained defendants are 25% more likely than similarly …


The Role Of Defense Counsel In Ensuring A Fair Justice System, Richard Klein Jan 2012

The Role Of Defense Counsel In Ensuring A Fair Justice System, Richard Klein

Scholarly Works

Supreme Court decisions are replete with statements about how crucial it is to have a defense attorney represent the person who is accused of crime. Defense counsel may accurately be considered law enforcers. While representing a lone individual against all the power of the state, counsel must “police the police” to determine if there has been an unconstitutional search, a coerced confession, an unlawfully suggestive lineup, or the fabrication of testimony. Defense counsel must attempt to ensure that the prosecutor is adhering to the professional requirement not merely to convict, but to do justice and comply with his obligations to …


(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron Jan 1992

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.


(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron Jan 1992

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.