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Indigent Defense: Appointed Counsel Does Not Mean Free Counsel by David Reutter by David M. Reutter The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is …
Article • December 5, 2018 • from CLN December, 2018
Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion by Dale Chappell by Dale Chappell The Supreme Court of Michigan held that a trial judge’s discretion plays no part in appointing an expert witness for a defendant; instead, a …
Indigent Defense in America: An Affront to Justice by Christopher Zoukis by Christopher Zoukis The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall have the right ... to have the Assistance of Counsel for his defense.” What exactly the “right” to counsel in …
Article • February 16, 2018 • from CLN March, 2018
Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis by Christopher Zoukis The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. In order to fund local public defenders, the state has taken $3 million from capital defenders, leaving at …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Curb False Confessions: Provide Suspects With Lawyers by Derek Gilna by Derek Gilna According to the nonprofit National Registry of Exonerations, Cook County, Illinois has a false confession rate three times higher than the national average. In November 2017, Cook County Prosecutor Kim Foxx dropped criminal cases against 15 men …
Article • February 16, 2018 • from CLN March, 2018
Hawaii Supreme Court: Defendants Entitled to Hearing Within 2 Days by Dale Chappell by Dale Chappell There is a “strong presumption” a defendant held in custody beyond two days without a preliminary hearing (or other method to show probable cause), absent “compelling circumstances,” must be released, the Hawaii Supreme Court …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
Publication • 2017
American Bar Association - Denial of the Right to Counsel in Misdemeanor Cases Court Watching in Nashville, Tennessee, 2017 DENIAL OF THE RIGHT TO COUNSEL IN MISDEMEANOR CASES: COURT WATCHING IN NASHVILLE, TENNESSEE AMERICAN BAR ASSOCIATION SECTION ON CIVIL RIGHTS AND SOCIAL JUSTICE Prepared by Stephen F. Hanlon* Vice-Chair of …
Charging the Poor - Criminal Justice Debt & Modern-Day Debtors' Prisons, Sobol, 2016 Legal Studies Research Paper Series Research Paper No. 16–09 Charging the Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons Neil L. Sobol This paper can be downloaded without charge from the Social Science Research Network Electronic Paper …
Publication • December 29, 2016
Filed under: Indigent Defense
Administrative Order - Appointment of Counsel for Indigent Defendants in Criminal Cases and Minimum Standards for Indigent Criminal Defense Services, MI Supreme Court, 2016 Order Michigan Supreme Court Lansing, Michigan Robert P. Young, Jr., June 1, 2016 Chief Justice ADM File No. 2015-27 Administrative Order No. 2016-2 Regulations Governing a …
Bail Fail - Why the U.S. Should End the Practice of Using Money for Bail, JPI, 2012 BAIL FAIL: Why the U.S. Should End the Practice of USING Money for BaiL JUSTICE POLICY INSTITUTE | SEPTEMBER 2012 2 justice policy institute CONTENTS 3 PART 1: INTRODUCTION 5 PART 2: BACKGROUND …
Brief • August 23, 2016
Dade v. Sherwood, AR, Complaint, Hot Check, 2016 Case 4:16-cv-00602-JM Document 1 Filed 08/23/16 Page 1 of 58 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS - - - - --------- - ----------- CHARLES DADE, NAKITA LEWIS, NIKKI PETREE, LEE ANDREW ROBERTSON, and PHILIP AXELROTH, individually and on …
Publication • August 19, 2016
The Price of Freedom - Bail and Pretrial Detention of Low Income Nonefelony Defendants in NYC, Human Rights Watch, 2010 United States The Price of Freedom Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City H U M A N R I G H T S …
Publication • August 9, 2016
State of Injustice - How New York State Turns its Back on the Right to Counsel for the Poor, NYCLU, 2014 STATE OF INJUSTICE: How New York State Turns its Back on the Right to Counsel for the Poor “The amount of money someone makes should not determine how justice …
Publication • August 9, 2016
The Poor Get Prison - The Alarming Spread of the Criminalization of Poverty, Dolan and Carr, 2015 THE POOR GET PRISON The Alarming Spread of the Criminalization of Poverty by Karen Dolan with Jodi L. Carr Lead Author: Karen Dolan is a Fellow at the Institute for Policy Studies and …
Publication • August 3, 2016
NYC Know Your Rights Project - An Innovative Pro Bono Response to the Lack of Counsel for Indigent Immigrant Detainees, City Bar Justice Center, 2009 NYC Know Your Rights Project An Innovative Pro Bono Response to the Lack of Counsel for Indigent Immigrant Detainees City Bar Justice Center 42 West …
Publication • August 1, 2016
Justice Denied - America’s Continuing Neglect of Our Constitutional Right to Counsel, NRCC, 2009 Justice Denied America’s Continuing Neglect of Our Constitutional Right to Counsel Report of the National Right to Counsel Committee Justice Denied America’s Continuing Neglect of Our Constitutional Right to Counsel Report of the National Right to …
Publication • July 29, 2016
In Defense of Public Access to Justice – Trial-Level Indigent Defense in LA, NLADA, 2004 IN DEFENSE OF PUBLIC ACCESS TO JUSTICE AN ASSESSMENT OF TRIAL-LEVEL INDIGENT DEFENSE SERVICES IN LOUISIANA 40 YEARS AFTER GIDEON March 2004 Researched & Written by: The National Legal Aid & Defender Association 1140 Connecticut …
Publication • July 29, 2016
A Race to the Bottom – Trial-Level Indigent Defense System in MI, NLADA, 2008 Speed & Savings Over Due Process: A Constitutional Crisis June 2008 EVALUATION A Race to the Bottom TRIAL-LEVEL INDIGENT DEFENSE SYSTEMS IN MICHIGAN - Evaluation of Trial-Level Indigent Defense Systems in Michigan is a publication of …
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