Thus, even under conditions of assembly line justice, a system of public trials is bound to produce more accurate, better informed determinations of guilt than a system of plea bargaining.
- Panel Discussion of Response to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
- Criminal Trials, Negotiated Pleas, and the Effective Assistance of Counsel: Notes about and Toward a Theory of the Attorney's Role in Case Resolution
- Systems for Providing Indigent Defense: An Introduction
- Litigative Approaches to Enforcing the Right to Effective Assistance of Counsel in Criminal Cases
In Depth Reading
Volume 14 Issue 1
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.
How would you distinguish between overzealous representation, and collaboration with the court and the district attorney, which dilutes the quality of ethical representation?
Volume 14 Issue 2
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.
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.
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
Volume 14 Issue 3
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
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
Avoiding both the due process and the cruel and unusual punishment analyses, the Court held that such action violates the fourth amendment prohibition against unreasonable searches and seizures.
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.
Volume 14 Issue 4
Bowers v. Hardwick amicus curiae brief in support of respondents is submitted on behalf of the Lesbian Rights Project, Women's Legal Defense Fund, Equal