Panel Discussion of Effective Assistance on the Assembly Line
If lawyers love to try cases, why don't they try them? One reason is that the system attaches enormous consequences to a defend-ant's decision to stand trial.
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If lawyers love to try cases, why don't they try them? One reason is that the system attaches enormous consequences to a defend-ant's decision to stand trial.
A lawyer's ability to invoke discretion is one of the things she offers her client, as well as one of the sources of the problem we're talking about today.
A survey of cases such as Cronic, Strickland, and Cooper demonstrating the system-wide burdens on public defenders.
The American system of criminal justice is distinctive in three respects. First, it makes the kind of justice that a defendant receives more dependent on the quality of counsel than any other legal system in the world.
Throughout the development of the public education system in this country, the Supreme Court, Congress, and the American majority have supported the power and right of the public schools to serve a socialization function.
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
Replacing the constitutionally mandated requirement of probable cause with a reasonableness standard subject to wide interpretation is especially dangerous where aright as fundamental as privacy is at stake.
Some feminist theorists and most judicial decisions obscure the duality between the law's treatment of the employment rights of the majority and the minority of women.
The tactic is unethical because it is not the product of a good faith interpretation of the law in the client's favor, but rather the exploitation of a disequilibrium in litigating posture not related to the relative merits of the
The following articles present a sampling of the areas in which ADR is currently being used.
Only if we consciously seek deregulation in the judicial branch does it make sense to significantly reduce or omit the fact determination process.,
It is reasonably clear that the data in these tables support the contention of the plaintiff's assertion in Garner of racial discrimination in the use of deadly force.
The "consolidated" rule of reason is in-tended to assist courts in distinguishing genuine politically motivated boycotts with commercial benefits from general anti-competitive ones.
Notwithstanding Supreme Court decisions which assert that capital punishment is now administered fairly, the plain truth is that the process is administered unfairly in a tremendous number of cases.
State courts provide a hopeful alternative for the protection of civil liberties, and have the potential to exercise their independence forcefully as new guardians of individual rights.