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Public Defenders and the American Justice System

Public Defenders and the American Justice System
Author: Paul B. Wice
Publisher: Bloomsbury Publishing USA
Total Pages: 224
Release: 2005-06-30
Genre: Law
ISBN: 0313049041

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Eighty to ninety percent of the nation's urban criminal defendants are defended in court by public defenders. Thus, understanding how these defender programs operate, their effectiveness and the quality of professional life for these beleaguered and often underpaid attorneys, is a critical factor in improving local criminal justice systems. What is it like to practice law in such an inhospitable environment, where clients often revile their counsel and prosecutors hold defenders in contempt? How does a public defender maintain self-esteem and dignity? What are the particular problems and obstacles of public defender offices? And how might such departments overcome these obstacles so that defendants and defenders, as well as the public, benefit? In vivid prose, and with vignettes and quotes from the lawyers themselves, Wice answers these questions and paints a truer picture of the state of public defenders offices than most of us have from television and the media. Through a colorful profile of a reform-minded public defender's office Newark, N.J., one of the nation's most crime-ridden smaller cities, Wice examines the public defender system and shows how even the smallest reforms, especially those that address quality of life and work for public defenders, can make a big difference. Comparing the smaller defender's office to larger ones in such cities as New York and Chicago, which have not instituted significant reforms, the author illustrates the successes that can be found when change is implemented. Flaws remain, but with improved services and work environments, this important component of the overburdened criminal justice system can function more effectively, creating a system that benefits lawyers, defendants, and the community alike.


Free Justice

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

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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.


Gideon's Promise

Gideon's Promise
Author: Jonathan Rapping
Publisher: Beacon Press
Total Pages: 250
Release: 2020-08-18
Genre: Law
ISBN: 0807064629

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A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.


Everyone Against Us

Everyone Against Us
Author: Allen Goodman
Publisher: University of Chicago Press
Total Pages: 237
Release: 2023-04-24
Genre: History
ISBN: 0226826236

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"In the American judicial system, even accused murderers, rapists, arsonists, and child abusers have voices and rights; and as the Miranda warning says, if they cannot afford a lawyer, one will be appointed to represent them. Enter the public defender, who must try to help people who have done reprehensible things--no matter their personal assessment of the client and situation. Former PD Allen Goodman draws upon a deep understanding of that milieu, conveying its complexities and dilemmas, reveling in great moral victories, enduring administrative inanity, and staggering from defeats. It is an intensely idealistic job, but also one that breeds corrosive cynicism. Goodman limns the difficulties of remaining a good human being while defending the worst of them"--


Securing Reasonable Caseloads

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

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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.


Indefensible

Indefensible
Author: David Feige
Publisher: Little Brown & Company
Total Pages: 276
Release: 2006
Genre: Biography & Autobiography
ISBN: 9780316156233

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With verve and insider know-how, a young lawyer reveals his outrageous and heartbreaking long day's journey into night court.


The Public Defender

The Public Defender
Author: Mayer C. Goldman
Publisher:
Total Pages: 108
Release: 1917
Genre: Criminal procedure
ISBN:

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Gideon's Promise

Gideon's Promise
Author: Jonathan Rapping
Publisher: Beacon Press
Total Pages: 256
Release: 2020-08-18
Genre: Law
ISBN: 080706498X

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A criminal defense attorney “tugs at both the heartstrings and our consciences as he challenges America’s true commitment to justice” (Stacey Abrams), offering a blueprint for how public defense programs should work to end mass incarceration Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.


Defending the Damned

Defending the Damned
Author: Kevin Davis
Publisher: Simon and Schuster
Total Pages: 324
Release: 2008-09-02
Genre: Law
ISBN: 0743270940

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Award-winning journalist Davis spent a year in Chicago's Cook County Public Defender's office for this look into the American justice system. More than 300,000 cases go through this office--some involving the death penalty--with approximately 600 public defenders to work them.