Free Counsel: A Right, Not a Charity
Only when the general public believes that they themselves may rely on as-signed counsel will they be concerned about the quality and availability of legal assistance.
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Only when the general public believes that they themselves may rely on as-signed counsel will they be concerned about the quality and availability of legal assistance.
Even if the judiciary were willing to intervene in the manner suggested by the authors, which I seriously question, improvement in the delivery of defense services will not occur until the profession, through legal education and the process of certification,
The ultimate catalyst for change, however, should be a statewide public defense commission comprised of attorneys and laypersons who have demonstrated an interest in public defense services, as well as representatives of impoverished and low-income communities throughout New York State.
The institutional lawyer's already hectic life of high caseloads and constant emergencies will be complicated further by lengthy discussions with clients about conflicts and potential consequences of such conflicts.
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.
This policy of deterrence violates domestic and international law and it should be curtailed. Only by eliminating the detention policy will the human rights of refugees and other aliens be vindicated.
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
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
As a corollary, if the obstacles contained in the anti-fee proposals discussed herein are given serious consideration by Congress, and subsequently enacted, it will be unlikely indeed that competent private counsel will be available to represent potential plaintiffs whose rights
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
A multifaceted movement which takes on that task, in its own community and in society, will provide lawyers and lobbyists with a social and political context that can radically reshape our legal and legislative strategies.
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.
Radical, humanistic, and freedom-loving perspectives can and do become majoritarian, as dissenting opinions do, by consistent and tireless articulation, argumentation and struggle, and by refusal to retreat.