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Full-Text Articles in Law
Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy
Ensuring The Ethical Representation Of Clients In The Face Of Excessive Caseloads, Peter A. Joy
Missouri Law Review
This Article is divided into three substantive parts. First, I begin with a short discussion of the most important criminal justice right guaranteed to each of us under the Bill of Rights - the Sixth Amendment right to assistance of counsel. For most Americans, the right to counsel is obtained through indigent defense providers, and the quality of the representation is inextricably tied to three lesser known rights, or perhaps wishes, found in the Public Defender Bill of Rights: "[t]he right to meaningful, weighted caseload standards"; "[t]he right to judges who understand my [the public defender's] role in the [justice] …
Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller
Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller
Missouri Law Review
In this Article, I examine an important connection between society's concern with innocence - fueled by numerous wrongful convictions revealed by newly available DNA testing - and past and future progressive changes in criminal justice practices and policy. In Why Defense Attorneys Cannot, But Do, Care About Innocence (Caring About Innocence), I argued that, while the drive to protect the innocent has the potential to divide progressives in their support of indigent defense if targeting reforms only at the innocent is seen as possible, concern for innocence should instead drive a renewed effort to secure adequate funding for representing all …
Ethical Obligations Of Indigent Defense Attorneys To Their Clients, Phyllis E. Mann
Ethical Obligations Of Indigent Defense Attorneys To Their Clients, Phyllis E. Mann
Missouri Law Review
This Article is a basic introduction to the provision of indigent defense services in state courts throughout the country and the ethical obligations of the attorneys who provide those services. First, the Article briefly quantifies what currently exists in our right to counsel systems - what we know, and what we do not know. The Article then discusses the rules that generally govern the ethics of representation provided by indigent defense attorneys. Third, the Article examines the measures by which attorneys can know whether they are fulfilling and will continue to fulfill their ethical obligations. Finally, the Article discusses the …
Commentary, Norman Lefstein
Commentary, Norman Lefstein
Missouri Law Review
Good morning, ladies and gentlemen. I am delighted to be here and to have the opportunity to comment on my colleagues' remarks. I also welcome the chance to share with you my perspectives about indigent defense in the United States and here in Missouri.
Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan
Litigating The Ghost Of Gideon In Florida: Separation Of Powers As A Tool To Achieve Indigent Defense Reform, Wayne A. Logan
Missouri Law Review
In this Article, I will discuss the Miami-Dade "excessive caseload" litigation, which continues to unfold in Florida's appellate courts. In doing so, I will offer some thoughts on the separation of powers implications of the aforementioned statute, which, other than a similar provision adopted in Coloradol7 that has gone unchallenged, stands alone in the nation.
Foreword, Rodney Uphoff
Foreword, Rodney Uphoff
Missouri Law Review
Even though almost everyone concedes that the caseload crisis in Missouri is real, the dire state budget situation makes a significant infusion of new resources virtually impossible. So if Missouri, like most other states, is truly broke, then realistically can the state find the funds needed to fix its broken indigent defense system? That was the question at the heart of the Symposium. The Symposium presenters and commentators, most of whom had worked at some point in their career as a public defender, brought a wealth of experience to the discussion. While the presentations and comments made that day, together …
Epiphenomenal Indigent Defense, Darryl K. Brown
Epiphenomenal Indigent Defense, Darryl K. Brown
Missouri Law Review
There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider stock market crashes and recessions. Economists cannot consistently see them coming nor explain them after the fact in consistent detail. Another example is crime rates, which rise, and in recent decades fall, without any discernable strong causal link to familiar variables such as employment or imprisonment rates. This Article describes why we can add state funding for indigent defense counsel to that list and what this conclusion means for …