Free Justice

Free Justice
Author: Sara Mayeux
Publisher: UNC Press Books
Total Pages: 287
Release: 2020-04-28
Genre: Law
ISBN: 1469656035

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Securing Reasonable Caseloads

Securing Reasonable Caseloads
Author: Norman Lefstein
Publisher:
Total Pages: 292
Release: 2011
Genre: Legal assistance to the poor
ISBN: 9780615543765

For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

The Condemnation of Little B

The Condemnation of Little B
Author: Elaine Brown
Publisher: Beacon Press
Total Pages: 404
Release: 2003-02-15
Genre: Social Science
ISBN: 9780807009758

Through the story of a thirteen-year-old black boy condemned to life in prison, Elaine Brown exposes the 'New Age' racism that effectively condemns millions of poor African-Americans to a third world life. The story of 'Little B' is riveting, a stunning example of the particular burden racism imposes on black youths. Most astonishing, almost all of the officials involved in bringing him to 'justice' are black. Michael Lewis was officially declared a ward of the state at age eleven, and then systematically ignored until his arrest for murder. Brown wondered how this boy could possibly have aroused so much public resentment, why he was being tried (and roundly condemned, labeled a 'super-predator') in the press. Then she met Michael and began investigating his case on her own. Brown adeptly builds a convincing case that the prosecution railroaded Michael, looking for a quick, symbolic conviction. His innocence is almost incidental to the overwhelming evidence that the case was unfit for trial. Little B was convicted long before he came to court, and effectively sentenced years before, when the 'safety net' allowed him to slip silently down. Brown cites studies and cases from all over America that reveal how much more likely youth of color are to be convicted of crimes and to serve long-even life-sentences, and how deeply the new black middle class is implicated in this devastating reality.

Saving the Soul of Georgia

Saving the Soul of Georgia
Author: Maurice C. Daniels
Publisher: University of Georgia Press
Total Pages: 324
Release: 2013
Genre: Biography & Autobiography
ISBN: 0820345962

"This is a biography of Donald Hollowell, one of Georgia's foremost civil rights attorneys. The bulk of the manuscript is focused on Hollowell's career as a lawyer and, in particular, his work on key cases in the 1950s and 1960s, but Daniels also includes a discussion of Hollowell's early years, education, military service, and employment as a regional director of the Equal Employment Opportunity Commission. In researching the book, Daniels relied on personal interviews as well as the personal papers of civil rights advocates and Southern opposition leaders, court records, newspaper accounts, and other archival sources that offered insight into Hollowell's activism and lawyering. In addition, Daniels conducted three extensive personal interviews with Hollowell that provide firsthand information about his childhood and early background, the influences on his desire to become an advocate for social justice, and his experiences as a civil rights activist and lawyer. Daniels also conducted several interviews with Hollowell's wife, Louise T. Hollowell, to whom he was married for 62 years. The narrative captures Hollowell's civil rights work in Atlanta as well as his work with grassroots leaders in other parts of Georgia. It covers well- known civil rights cases such as the desegregation of University of Georgia while also chronicling the lesser known, yet nonetheless significant, desegregation cases that provided the groundwork for that case. Daniels illuminates Hollowell's behind-the scenes work to help bring about social change in Georgia, his collaboration with proponents of direct action, and the intersection of his work with that of Thurgood Marshall and the NAACP Legal Defense and Educational Fund's campaign for equal justice"--

Chasing Gideon

Chasing Gideon
Author: Karen Houppert
Publisher: New Press, The
Total Pages: 290
Release: 2013-03-19
Genre: Law
ISBN: 1595588698

On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Ordinary Injustice

Ordinary Injustice
Author: Amy Bach
Publisher: Macmillan + ORM
Total Pages: 321
Release: 2010-08-03
Genre: Law
ISBN: 1429984279

"A groundbreaking book . . . revealing the systemic, everyday problems in our courts that must be addressed if justice is truly to be served."—Doris Kearns Goodwin Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving. Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.