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The Impact Of Race On Strickland Claims In Federal Courts In The South, Wyatt Gibson
The Impact Of Race On Strickland Claims In Federal Courts In The South, Wyatt Gibson
Theses and Dissertations
The primary goal of this study was to examine the legal and extralegal factors that lead to positive outcome Strickland claims. Specifically, the initial purpose of the research was to test whether a defendant’s race affects his/her likelihood of receiving a positive outcome Strickland claim in the South. Prior literature has indicated that black defendants are more likely to receive the death penalty than white defendants, but this study did not find that race is a significant factor in determining the likelihood of a positive outcome Strickland claim in Southern circuits. Of the 207 Strickland claims studied across the Fourth, …
An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall
An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall
Walden Dissertations and Doctoral Studies
Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
All Faculty Scholarship
There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to …