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Criminal Procedure Commons

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

Law and Society

2017

Discrimination

Articles 1 - 2 of 2

Full-Text Articles in Criminal Procedure

Defense Counsel And Public Defence, Eve Brensike Primus Nov 2017

Defense Counsel And Public Defence, Eve Brensike Primus

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Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted, and …


Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol Mar 2017

Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol

Neil L Sobol

My testimony today will focus on issues discussed in Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses, forthcoming in the Colorado Law Review. In that article, I examine whether the framework used to address debt-collection abuses in the consumer context should apply to the abusive collection and assessment of criminal justice debt. I argue that the rationale that led to the enactment of the federal FDCPA and the creation of CFPB to combat consumer collection abuses parallels the reasons that a federal statute should be adopted to help the DOJ coordinate the attack against …