Opportunities for Attorneys


Book Description




Securing Reasonable Caseloads


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.




Gideon's Promise


Book Description

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.




Public Defenders and the American Justice System


Book Description

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.




Privilege and Punishment


Book Description

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.







Rights, Race, and Reform


Book Description

In 1962, a 15-year-old Arizona boy named Gerald Gault may or may not have made a lewd phone call to a neighbor. Gerald was arrested, prosecuted, removed from his parents’ custody, and sent to a juvenile prison, all without legal representation. Gerald’s mother’s outrage at the treatment of her son eventually propelled the case to the United States Supreme Court. With its sweeping 1967 decision in In re Gault, the Court revolutionized the American juvenile court system by finding that children charged with delinquency have a constitutional right to counsel. This anthology, which commemorates the fiftieth anniversary of the Gault decision, blends, across its three parts, legal and historical analyses, oral history, and personal narrative to provide an overview of modern Supreme Court juvenile justice jurisprudence, the advocates and organizations that defend children in juvenile court, the role these lawyers have played in the fight for justice for accused children, and the contemporary challenges facing juvenile defenders and their clients. The authors are leading juvenile justice reformers, advocates, and scholars, all of whom have been deeply involved in shaping modern juvenile justice policy and practice and most of whom have represented children in juvenile court. This book is for everyone concerned about justice in America. The personal narratives about children in the system will intrigue students and academics, engage lay individuals who are interested in children’s rights, and guide professionals, legislators, and other policymakers involved in juvenile justice reform and criminology.