If You Cannot Afford an Attorney, Will One Be Appointed for You? PDF Download
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Author: Allison D. Kuhns
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In Gideon v. Wainwright, the United States Supreme Court held that the Sixth Amendment right to counsel included a right to state-provided counsel for indigent defendants. The Court did not, however, define what “indigent” means. As a result, states have adopted varying definitions of indigent, many of them factoring in a defendant's ability to post bond. The inclusion of the defendant's ability to post bond in the definition of indigent often imposes an impossible choice on defendants: post bond and lose your court-appointed attorney or stay in jail and keep your attorney. Not only does the application of this standard vary from state to state, it is often applied differently within the same state. Ideally, states should revise indigency statutes to remove the ability to post bond as a factor in determining indigency status. Short of removal, however, states can take several steps to ensure that a defendant's choice to stay in jail does not disqualify them from keeping a court-appointed attorney, namely standardizing the application of indigency definitions through an independent, state-wide indigency commission, and excluding bond payments made by persons other than the individual defendant.
Author: Allison D. Kuhns
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In Gideon v. Wainwright, the United States Supreme Court held that the Sixth Amendment right to counsel included a right to state-provided counsel for indigent defendants. The Court did not, however, define what “indigent” means. As a result, states have adopted varying definitions of indigent, many of them factoring in a defendant's ability to post bond. The inclusion of the defendant's ability to post bond in the definition of indigent often imposes an impossible choice on defendants: post bond and lose your court-appointed attorney or stay in jail and keep your attorney. Not only does the application of this standard vary from state to state, it is often applied differently within the same state. Ideally, states should revise indigency statutes to remove the ability to post bond as a factor in determining indigency status. Short of removal, however, states can take several steps to ensure that a defendant's choice to stay in jail does not disqualify them from keeping a court-appointed attorney, namely standardizing the application of indigency definitions through an independent, state-wide indigency commission, and excluding bond payments made by persons other than the individual defendant.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: American Bar Association. Standing Committee on Legal Aid and Indigent Defendants
Publisher: American Bar Association
ISBN:
Category : Civil law
Languages : en
Pages : 308
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Book Description
Author: United States. Army. Office of the Judge Advocate General. Criminal Law Division
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 74
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Book Description
Author: Dean J. Champion
Publisher: Scarecrow Press
ISBN: 9780810854062
Category : Law
Languages : en
Pages : 528
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Book Description
Combines a dictionary of key legal terms with an index of leading United States Supreme Court cases indexed by type of case, such as death penalty, right to counsel, and searches and seizures. The new edition of this resource for students, practitioners, and others who need access to criminal justice information contains 125 new U.S. Supreme Court cases, as well as over 5000 terms, concepts, and names. Includes index.
Author: Norman Lefstein
Publisher:
ISBN: 9780615543765
Category : Legal assistance to the poor
Languages : en
Pages : 292
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Book Description
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.
Author: James J. Tomkovicz
Publisher: Bloomsbury Publishing USA
ISBN: 0313011192
Category : Law
Languages : en
Pages : 287
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Book Description
Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America. Included are: •A brief history of the topic •Lengthy and sophisticated analysis of the current state of the law •A bibliographical essay organizing and evaluating scholarly material for further research •A table of cases •Index A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.
Author: Jill Paperno
Publisher: Aspatore Books
ISBN: 9780314285294
Category : Law
Languages : en
Pages : 274
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Book Description
Whether you are a law clinic student making your first foray into criminal defense, a newly admitted attorney, a general practitioner, or an attorney whose practice is concentrated in criminal defense, Representing the Accused will provide you with invaluable advice as you navigate your way through a criminal case. Authored by an experienced criminal defense attorney in a large public defenders office who has personally handled thousands of criminal cases, supervised representation in thousands more, and trained scores of attorneys, this book provides insight and guidance on how to efficiently and effectively manage each step in the handling of a criminal case. In order to help you provide quality representation to your clients, this publication offers clear explanations of a criminal attorneys role at every stage, from the arrest through the conclusion of the case.
Author: Anthony Lewis
Publisher: Vintage
ISBN: 030780528X
Category : History
Languages : en
Pages : 290
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Book Description
The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.
Author: Jeanine Cummins
Publisher: Penguin
ISBN: 9780451210531
Category : True Crime
Languages : en
Pages : 332
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Book Description
The acclaimed author of American Dirt reveals the devastating effects of a shocking tragedy in this landmark true crime book—the first ever to look intimately at the experiences of both the victims and their families. A Rip in Heaven is Jeanine Cummins’ story of a night in April, 1991, when her two cousins Julie and Robin Kerry, and her brother, Tom, were assaulted on the Old Chain of Rocks Bridge, which spans the Mississippi River just outside of St. Louis. When, after a harrowing ordeal, Tom managed to escape the attackers and flag down help, he thought the nightmare would soon be over. He couldn’t have been more wrong. Tom, his sister Jeanine, and their entire family were just at the beginning of a horrific odyssey through the aftermath of a violent crime, a world of shocking betrayal, endless heartbreak, and utter disillusionment. It was a trial by fire from which no family member would emerge unscathed.
