Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Accountability (1)
- Appointed counsel (1)
- Boyer v. Louisiana (1)
- Caseloads (1)
- Constitutional violations (1)
-
- Decision making (1)
- Defendants (1)
- Federal courts (1)
- Funding (1)
- Independence (1)
- Indigent defense (1)
- Judicial independence (1)
- Law reform (1)
- Lawyers (1)
- Low income individuals (1)
- Minorities (1)
- Poverty (1)
- Public defenders (1)
- Right to a speedy trial (1)
- Right to effective counsel (1)
- Separation of powers (1)
- Sixth Amendment (1)
- Social welfare (1)
- State courts (1)
- Trials (1)
Articles 1 - 2 of 2
Full-Text Articles in Law and Society
Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose
Speedy Trial As A Viable Challenge To Chronic Underfunding In Indigent-Defense Systems, Emily Rose
Michigan Law Review
Across the country, underresourced indigent-defense systems create delays in taking cases to trial at both the state and federal levels. Attempts to increase funding for indigent defense by bringing ineffective assistance of counsel claims have been thwarted by high procedural and substantive hurdles, and consequently these attempts have failed to bring significant change. This Note argues that, because ineffective assistance of counsel litigation is most likely a dead end for system-wide reform, indigent defenders should challenge the constitutionality of underfunding based on the Sixth Amendment guarantee of speedy trial. Existing speedy trial jurisprudence suggests that the overworking and furloughing of …
Judicial Independence And Social Welfare, Michael D. Gilbert
Judicial Independence And Social Welfare, Michael D. Gilbert
Michigan Law Review
Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve cases impartially and in accordance with law. Yet independence comes with a hazard. Precisely because they are independent, judges can ignore law and pursue private agendas. For two centuries, scholars have debated those ideas and the underlying tradeoff: independence versus accountability. They have achieved little consensus, in part because independence raises difficult antecedent questions. We cannot decide how independent to make a judge until we agree on what a judge is supposed to do. That depends on one’s views about …