A sword for the convicted : representing indigent defendants on appeal
Author(s)
Bibliographic Information
A sword for the convicted : representing indigent defendants on appeal
(Contributions in criminology and penology, no. 30)
Greenwood Press, 1990
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Note
Includes bibliographical references (p. [261]-263) and index
Description and Table of Contents
Description
Using New York City as a research model, this study explores the organizational, tactical, and ethical challenges of providing zealous advocacy for every convicted indigent wishing to appeal. David Wasserman, a former staff attorney with New York's Legal Aid Society, examines the unique form of representation that has emerged since the Supreme Court recognized the right to free appellate counsel, and details the conflict between the role of assigned appellate counsel and the demands of an overcrowded and underfunded criminal justice system. As the first study of indigent criminal appellate representation in the United States, this work brings a neglected form of legal service into the mainstream of criminal justice policy analysis.
The book is divided into three parts. Through the use of existing research and commentary, Part I analyzes the impact of the Supreme Court's Douglas v. California decision on the appellate courts and representation and on the organization of defense services. Part II offers an empirical study of criminal appeals in New York City, addressing such issues as the quality and impact of appellate defenders and the division of the indigent caseload. In Part III, Wasserman discusses the implications of this research in relation to the analysis of indigent defense developed in Part I, and considers measures for improving the quality of assigned appellate counsel. The work concludes with an appendix listing suggestions for further reading. This study, which provides the only available information on criminal appellate dispositions in New York City, will be an important resource for courses in law and social science, criminal justice, and appellate or trial practice. It will also be useful to the criminal justice community, particularly to public defender and legal aid groups, and appellate judges and their staffs.
Table of Contents
Foreword by James B. Jacobs Preface Indigent Appellate Representation in the Quarter Century After Douglas: Challenges and Constraints The Right to Assigned Appellate Counsel and the Transformation of Criminal Appeals An Introduction to Criminal Appeals and First-Level Appellate Review in New York Indigent Appellate Defense in New York City An Empirical Study of the Performance of New York City's Two Appellate Defenders A Qualitative Evaluation of New York City's Appellate Defenders Criminal Appellate Dispositions in New York City, 1980-1985 Selection Bias and the Assignment Process: An Alternative Explanation for Outcome Differences Between the Defenders The Character of Appellate Intervention in Criminal Cases and the Role of Appellate Advocacy The Continuing Challenge of Criminal Appellate Representation: Improving Quality, Conserving Resources and Broadening Impact Conflicts of Interest and Indigent Appellate Defense Improving the Quality of Indigent Appellate Representation in Conflict Cases Enhancing the Impact of Criminal Appellate Representation: Conserving Appellate Reources for More Meritorious Cases Increasing the Impact of Indigent Appellate Representation Appendix: Suggestions for Further Research Selected Bibliography Index
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