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Full-Text Articles in Law
Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz
Charge Reduction: An Intermediary Stage In The Process Of Labelling Criminal Defendants, Ilene Nagel Bernstein, Edward Kick, Jan T. Leung, Barbara Schulz
Articles by Maurer Faculty
The interactionist perspective emphasizes the imperfect correspondence between alleged deviance and societal reactions. Moreover, it is asserted that values of reactors, statuses of the alleged deviant, and bureaucratic constraints of deviance processing organizations help explain some of that imperfection. Focusing on one intermediary deviance processing stage, i.e., plea bargaining, we explore the degree to which our data are consonant with interactionist assumptions. For a sample of 1,435 male and female criminal defendants, we find the favorability of the charge reduction outcome is partly explained by values of reactors, statuses of the defendant, and bureaucratic constraints of the court. Thus, our …
The Attempt To Improve Criminal Defense Representation, Peter W. Tague
The Attempt To Improve Criminal Defense Representation, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Improvement of criminal defense representation is one of the most critical problems that faces the criminal justice system. The problem is extensive; some attorneys are frequently ineffective and probably all attorneys are occasionally inadequate because of error, overwork, personal problems or ethical conflicts.
The defendant's only remedy against his attorney's ineffectiveness is through direct appeal or collateral post-conviction attack. This article discusses the reasons why courts cannot improve defense representation through these avenues of review. Deep disagreement among judges about the purpose of post-conviction review has crippled any attempt at improvement. The key unresolved question is whether the standard for …