Dilemmas in New Models for Indigent Defense
Introduction
Whenever models of criminal defense are discussed it seems inevitable that plea bargaining’ will occupy center stage. The section of this conference that was devoted to rethinking the way in which mass justice might be fashioned anew proved to be no exception. Some speakers saw plea bargaining as an unmitigated evil. Some saw it as unavoidable, if imperfect. Others regarded it as laudable and were convinced that it brought various benefits to both the individual defendant and the criminal justice system in general. Critics divided on whether bench trials would be a marked improvement. Its sup-porters were unclear as to what role, if any, bench and jury trials should playin deciding issues of guilt and innocence.
There is a great danger that this debate will, if it has not done so already, get locked into false dichotomies. Failure to deal with deep, structural issues will ultimately doom any attempt to effect permanent and beneficial change in the system for providing justice for the poor. Therefore, I will first seek to identify some major contradictions underlying the demand for more trials in place of plea bargaining, and address some problems that are intrinsic to the models being advanced. I will then suggest ways in which the debate might be redefined to permit the analysis that these models demand.
Suggested Reading
My Twenty-Twos: Mentoring the Young Men Emerging Community
The kid’s name was Lil’ Yo—well, that’s what all his little buddies called him—and immediately his presence snagged my attention.
Prohibiting Young Adult Life Without Parole: Examining Diminished Capacity and Diminished Culpability
As with juveniles, young adults (18-24) experience a diminished capacity for cognitive processing because the PFC and EFs continue to develop into the mid-20’s. This diminished capacity of young adults must be taken into consideration when sentencing people in this age
#SayHerName: Racial Profiling and Police Violence Against Black Women
Andrea J. Ritchie{{Andrea J. Ritchie is a civil rights attorney who has led groundbreaking research, litigation, and advocacy efforts to challenge profiling, policing, and physical and sexual violence by law enforcement against women, girls and LGBTQ people of color for
Labor Law and the NLRB: Friend or Foe to Labor and Non-Union Workers?
Wilma B. Liebman{{Former Member and Chairman, National Labor Relations Board, 1997-2011; visiting distinguished scholar Rutgers University School of Management and Labor Relations 2015-17; adjunct faculty, NYU Law School, spring 2015 and 2016. This article is based on remarks at the