Criminal defense has no real purpose until society eliminates the goal of punishment from criminal justice.
History of the public defense system, with an introduction for other articles exploring the issue in the colloquium.
Critique of Wilson and Mounts approach to reforming public defender system, arguing that focus should not be on judiciary.
A survey of cases such as Cronic, Strickland, and Cooper demonstrating the system-wide burdens on public defenders.
Plea bargaining leads to two serious issues: it incentivizes lawyers to disregard client interests, and it insulates lawyers from necessary scrutiny.
Argument that courts must approach the failure to fund public defenders at the systemic level rather than on a case-by-case basis.
Anyone charged with a crime should be entitled to free counsel, regardless of economic status; critique of eligibility criteria for free counsel
Public defenders involved in impact litigation are often confronted with ethical challenges when individual cases create analytically divergent approaches
Plea bargaining should be discouraged in favor of full adversarial trials, even when defenders experience high caseloads.
Introduction of colloquium on effective assistance of counsel; frames questions of how to define, deliver, and enforce the right
Colloquium keynote by Norman Lefstein; consideration of the key challenges to the provision of the right to effective counsel
The ethical challenges facing criminal defense attorneys are exacerbated by high caseloads and having to work with and against the same players
A system of too many trials will impose excessive costs on the criminal justice system and disenfranchise poor people.
Review of NY eligibility criteria for appointed counsel; discussion of the criteria in relation to a common instinct to turn it into an issue of "indigency"
A critique of an article by Prof. Stephen Schulhofer arguing that Philadelphia bench trials do not necessarily create better outcomes for defendants.
A review of Prof. Stephen Schulhofer's article arguing that the Philadelphia bench trial provides a creative solution to the expense of jury trials.
Review of constitutional jurisprudence on effective assistance of counsel; proposal of new model that accounts for due process and equal protections guarantees
Other Issues in this Volume
- We Are All Part of One Another: Sodomy Laws and Morality on Both Sides of the Atlantic
- In the Supreme Court of the United States, October Term 1985, Michael J. Bowers, Petitioner, v. Michael Hardwick, et al., Respondents--Brief Amicus Curiae for the Lesbian Rights Project, Women's Legal Defense Fund, Equal Rights Advocates, Inc., and the National Women's Law Center
- Lesbian Mothers, Lesbian Families: Legal Obstacles, Legal Challenges