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Articles 1 - 6 of 6
Full-Text Articles in Law
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor
Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor
Faculty Scholarship
Defense attorneys are well acquainted with the ill-considered and extreme use of solitary confinement in local jails. Isolation is one of many problems clients face while locked up in jail awaiting trial. Other common conditions of pretrial confinement include lack of mental health treatment, inadequate medical care, violence from corrections staff, and lack of protection from the violence of others. "Owing time", a recently dismantled practice, is just one example of jails' frivolous use of extreme isolation practices. At times, youth in the juvenile facility at Rikers were placed in solitary so often that there was a waitlist at the …
Lawyering To The Lowest Common Denominator: "Strickland's" Potential For Incorporating Underfunded Norms Into Legal Doctrine, Lauren Sudeall
Lawyering To The Lowest Common Denominator: "Strickland's" Potential For Incorporating Underfunded Norms Into Legal Doctrine, Lauren Sudeall
Vanderbilt Law School Faculty Publications
This symposium article explores how ineffective assistance of counsel doctrine, by its design, may incorporate and exacerbate the failings of an underfunded indigent defense system. Specifically, it highlights two aspects of the Strickland v. Washington standard for ineffective assistance of counsel: first, its inability to effectively address issues of underfunding through its two-prong test of deficient performance and prejudice; and, second, the way in which its eschewal of specific substantive guidelines for attorney performance in favor of reliance on "prevailing professional norms" may allow legal doctrine to be influenced by anemic, localized practice norms resulting from a lack of resources. …
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean O'Brien
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean O'Brien
Faculty Works
The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and mitigation specialists across the United States. This article describes the Supplementary Guidelines and the process by which they were researched and developed. Part I describes the Supplementary Guidelines and the process by which they were researched and developed. Part II describes the reasons for undertaking this project. Part III describes the process of investigating, researching and drafting …
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article closely examines the Supreme Court's decision in Strickland v. Washington, as it applies to effective assistance of trial counsel. Part III analyzes the constitutional origin and current status of the right to effective assistance of counsel on appeal. Part IV discusses the functional differences between trial and appellate counsel, the differences in the two forums, and the different effect that a finding of ineffectiveness of counsel at trial or on appeal has on finality. Part V formulates a standard to govern ineffectiveness of appellate counsel claims that incorporates Strickland's “reasonable competence” standard, but applies that standard differently with …
Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green
Court Appointment Of Attorneys In Civil Cases: The Constitutionality Of Uncompensated Legal Assistance Note, Bruce A. Green
Faculty Scholarship
Whether an individual becomes a party to judicial proceeding involuntarily, as a criminal or civil defendant, or voluntarily, as a civil plaintiff seeking redress of an injury, the assistance of counsel will increase his chances for a favorable disposition. When an impecunious litigant is unable to retain counsel, the question arises of who must bear the burden created by the complexity of adjudication. Although the Supreme Court has been sympathetic to the need for counsel in criminal cases, an indigent litigant in civil cases often will be denied legal assistance, and therefore will bear the burden himself In other instances, …
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green
Faculty Scholarship
The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …