Literature Review : Public Defenders

The new Humboldt County public defender, whose hiring has raised questions in the local legal community, said he is ready to start working this week. And he is responding to the criticism levied in his direction.

The Sixth Amendment to the United States Constitution states: “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense” (U.S. Const. amend. VI). The history of the modern right to counsel dates back to over a century ago in the Indiana Supreme Court case of Webb v. Baird, 6 In. 13 (1853), in which the right to counsel for a person accused of a crime was officially recognized (Koplow, 2007). However, it was not a decision based on constitutional or statutory law, but a decision warranted under “the principles of a civilized society” (Koplow, 2007). Since the case of Webb v. Baird, the right to counsel has immensely extended beyond just appointing an indigent person an attorney.

It’s been commonly known across nUSA that if you’re a public defender in the Department of Justice you’re considered a ‘newb’ to law and barely have any experience. Yes, it is good to hire people with low experience and train them up however, Public Defender of Assistant US Attorney is one of those positions where we cannot let this occur. As we want the court system running smoothly with especially experienced employees representing the Department of

Public defenders have a tough job defending their indigent clients. In an ideal scenario, they are to defend their clients in a zealous manner. Unfortunately for the clients, most cases end via plea bargains . For cases that do make it to court, some clients find their attorney lacking in many respects . This is because the Supreme Court case Gideon v Wainwright only guarantees the right to an attorney. Unfortunately, that right does not extend to a quality lawyer or defense . I intern at the Orange County Public Defender’s office, where the clients are poor and homeless. As such, they cannot hire their own lawyers and must rely on free legal representation from the office’s attorneys. But just like other Public Defenders across the U.S.,

States’ rights vs federal power is an enduring issue that has effected many court cases. The right to have “assistance of counsel in defense,” is ones constitutional right, even in a lower class case. To begin with, June 5, 1962, Gideon was charged for pool hall burglary, and was not appointed an attorney even when confronting the judge. Gideon was sentenced to five years in prison.

Subsequently, in 1972 Argersinger v. Hamlin held that defendants were required legal counsel when faced with incarceration from a misdemeanor or felony conviction (Smith, 2004). Following these Supreme Court decisions, most state and local governments had to develop new systems of indigent defense or modify the old ones to keep up with the number of clients (Wice, 2005). Since Gideon v. Wainwright, other cases have challenged the Supreme Court application of the right to counsel. Currently, all defendants are given the right to counsel at all stages of the criminal justice process, including during trial, appeals, and even during police interrogation.

We all do our best to protect what is ours, but how far will we go to do that and will it justify our reasons behind our actions? Whether it’s protecting our properties and possessions, or family or even ourselves, situations get out of hand and we are faced with making decisions that could change our lives and the lives of those around us. The tiniest detail can determine ones actions as justifiable or unjustifiable. For Don Luis Ceballos and Judy-Ann Laws Norman their actions of defense were unjustifiable according to a jury.

Not everyone can afford counsel so the state provides you with a public defender. In the documentary, Gideon's Army, there are three public defenders who will stop at nothing to make sure their defendants do not acquire a felony which will therefore decrease their sentence or be found not guilty. Ordinarily, people would believe that a public defender will not do as stupendous equivalent to the defenders you pay high money for. I believe it is not about how much money you pay the defender, but it is how determined they are whether or not you will win the case. There are public denfenders that have won more cases than the high dollar defenders.

A continuous response scale from 0-100 was used for certain variables while a response scale regarding 7 potential plea bargain offers was used in reference to other variables. While this study started out with 93 public defenders and 46 prosecutors, once missing data was calculated it ended up with 67 public defenders and 29 prosecutors (Pezdek, 2010-2011).

The OC Public Defender office appears to specialize in defending the legal rights of homeless individuals (in the Homeless Court). One of my tasks involves updating resources via collecting data on different types of clients (i.e clients that are homeless, on post release community supervision, parole, or on mandatory supervision). Other activities include shadowing the office's staffs and observing and/or interviewing homeless individuals. I may also be assigned general office tasks like filing

As we can see, due process has changed our justice system from hastily-prosecution to time consuming investigation of all the facts. We should stop pre-judging the accused person until all of the facts are made known unto us. Due process has given all accused citizens an equal opportunity to tell their story, and the right to question the evidence that was brought against them. Even though due process has guaranteed the accused person his or her right to be heard

We have read in the news recently that there are plenty of public defenders who are facing budget cuts and are in a financial crisis. This can be seen by a chief public defender in New Orleans who has had to resort to turning clients away. The public defender’s office in New Orleans is understaffed, currently employing 42 overworked lawyers, in relation to the 72 attorneys and 20 investigators it employed in 2008. These go against the standard set by the ABA Standards for Criminal Justice and the ABA Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases. The National Standards point to the caseload maximus prescribed by the National Advisory Commission (NAC) on Criminal Justice Standards and Goals, a 1973 U.S. Department

The criminal justice system is unpredictable, and navigating it is often challenging, especially for those facing serious charges. A criminal defense attorney serves as a defendant’s guide and confidant, and there are several benefits of hiring one. If you need a criminal defense lawyer, turn to Ronald D. Zipp, Attorney at Law in New Braunfels, TX.

Defense attorneys are not getting enough credit as they deserve. Which is a shame because they are an important actor in the criminal justice system. Some of their work includes interviewing witnesses, representing clients, and negotiating plea deals with prosecutors. Everyone is given the right to counsel even if they cannot afford a lawyer, the State will assign them a public defender. The public sees defense attorneys as trying to keep guilty people out of jail, and that is the main reason the public looks down upon them. Many of whom defense attorneys represent are guilty, however there is a small majority of innocent people that are accused. I believe that an innocent person being sent to prison is the most horrific thing that can happen

On or about June 5, 2015, the applicant was the owner of American Public Defense Inc.