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Articles 1 - 30 of 82
Full-Text Articles in Criminal Law
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
University Honors Theses
On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …
State V. Joseph Segrain, 252 A.3d 1255 (R.I. 2021), Jaclyn A. Martin
State V. Joseph Segrain, 252 A.3d 1255 (R.I. 2021), Jaclyn A. Martin
Roger Williams University Law Review
No abstract provided.
Privatizing Criminal Procedure, John D. King
Privatizing Criminal Procedure, John D. King
Scholarly Articles
As the staggering costs of the criminal justice system continue to rise, states have begun to look for nontraditional ways to pay for criminal prosecutions and to shift these costs onto criminal defendants. Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury. As these “user fees” proliferate, they have the potential to fundamentally change the nature of criminal prosecutions and the way we think of constitutional rights. The shift from government funding of criminal litigation to user funding constitutes a privatization of criminal procedure. This intrusion of market ideology …
New York Breaks Gideon’S Promise, Rebecca King
New York Breaks Gideon’S Promise, Rebecca King
Pace Law Review
In 1963, the Supreme Court of the United States held that criminal defendants have the constitutional right to counsel, regardless of whether they can afford one, in the famous case of Gideon v. Wainwright. However, statistics, as well as public defense attorneys, reveal that the Supreme Court’s decision has yet to be fulfilled. Part of the problem is due to the system of mass incarceration in the United States. In 2013, the Brennan Center for Justice reported that the prison population reached 2.3 million individuals, compared to the 217,000 inmates imprisoned when Gideon was decided. The American Bar Association estimates …
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.
Maine Law Review
This Comment will examine briefly the history of the right to counsel and the accompanying right to the effective assistance of counsel in this country. At the time the Sixth Amendment was included in the Bill of Rights, the United States rejected the English practice of denying the right to counsel to those accused of felonies while granting the right to those charged with misdemeanors. People in the United States have enjoyed the right to counsel in all criminal cases, felonies and misdemeanors, since 1791. Yet in a very real and dangerous sense, the courts have reversed the course of …
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Appointed Counsel And Jury Trial: The Rights That Undermine The Other Rights, Russell L. Christopher
Washington and Lee Law Review
Do the Sixth Amendment rights to appointed counsel and jury trial unconstitutionally conflict with defendants’ other constitutional rights? For indigents charged with felonies, Gideon v. Wainwright guarantees the right to appointed counsel; for misdemeanors, Scott v. Illinois limits the right to indigents receiving the most severe authorized punishment—imprisonment.Duncan v. Illinois limits the right to jury trial to defendants charged with serious offenses. Consequently, the greater the jeopardy faced by defendants, the greater the eligibility for appointed counsel and jury trial. But defendants’ other constitutional rights generally facilitate just the opposite— minimizing jeopardy by reducing charges, lessening the likelihood of …
The Downstream Consequences Of Misdemeanor Pretrial Detention, Paul Heaton, Sandra G. Mayson, Megan Stevenson
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 …
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Thomas E. Baker
No abstract provided.
The Antidemocratic Sixth Amendment, Janet Moore
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …
Sixth Amendment; Right To Counsel; Multiple Representation; Cuyler V. Sullivan, Howard S. Essner
Sixth Amendment; Right To Counsel; Multiple Representation; Cuyler V. Sullivan, Howard S. Essner
Akron Law Review
In Cuyler v. Sullivan, the Supreme Court finally resolved two important issues in the areas of criminal law and the sixth amendment right to counsel. In this case, the Court is faced with a situation with which it has dealt but twice before: joint representation of criminal defendants. Cuyler represents the culmination of the legal inquiry into the problems inherent whenever a single attorney represents more than one defendant in a criminal proceeding.
Sixth Amendment; Right To Counsel; Use Of Prior Uncounseled Convictions; Lewis V. United States And Baldasar V. Illinois, Rita Marks
Akron Law Review
Once again the Supreme Court has spoken on the issue of the right to counsel. Within three months the Court rendered two decisions which appear to be inconsistent, not only with one another, but with prior decisions of the Court
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Judge Levine: A Survey Of His Most Influential Court Of Appeals Decisions - 1993-2002, Jean D'Alessandro
Touro Law Review
No abstract provided.
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John Blume, Emily Paavola
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John Blume, Emily Paavola
John H. Blume
This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part Two, John H. Blume, Emily C. Paavola
Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part Two, John H. Blume, Emily C. Paavola
John H. Blume
Part One of this article addressed the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements. Part Two discusses the Sixth Amendment, the 14th Amendment's Due Process Clause and impeachment issues.
County Court, Nassau County, People V. Osbourne, Diane Matero
County Court, Nassau County, People V. Osbourne, Diane Matero
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Dillard, Edward Puerta
Appellate Division, First Department, People V. Dillard, Edward Puerta
Touro Law Review
No abstract provided.
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson
Touro Law Review
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Ty Alper
No abstract provided.
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg
Washington and Lee Law Review
No abstract provided.
Two Rights To Counsel, Josh Bowers
Two Rights To Counsel, Josh Bowers
Washington and Lee Law Review
No abstract provided.
Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross
Washington and Lee Law Review
No abstract provided.
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan
Washington and Lee Law Review
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Washington and Lee Law Review
No abstract provided.
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith
Washington and Lee Law Review
No abstract provided.
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Gideon Skepticism, Alexandra Natapoff
Gideon Skepticism, Alexandra Natapoff
Washington and Lee Law Review
The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …
Validating The Right To Counsel, Brandon L. Garrett
Validating The Right To Counsel, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
The Problem With Misdemeanor Representation, Erica Hashimoto
The Problem With Misdemeanor Representation, Erica Hashimoto
Washington and Lee Law Review
No abstract provided.