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Group 1: Prosecution
Group 2: Public Defense
Group 3: Private Defense
Public Defense: Legal counsel to defendants who cannot afford a private attorney.
Private Defense: Legal counsel to defendants who can afforf a "better representation."
Fourteenth Amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Gideon v. Wainwright:
Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one. According to Florida state law, however, an attorney may only be assigned to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in the trial. He was found guilty and sentenced to five years in prison.
Study:
"Why do public defenders remain on the job?"
Method :
-The study analyzed the original data collected through 87 semistructured interviews with public defenders from government, nonprofit, and appointed counsel system across the US.
- Qualitive Interviews to learn about current and former public defenders experiences.
Results:
-Insentric Motivations - Extrinstic
Clients (They need representation) Colleagues
Consitution (Part of the constitution) Benefits
Social inequality
Personal Values
- US defenders report overburdening and underfunding caused by structural, political, and economic forces
- Examples of how funding work
- Missouri: the defender’s office is funded at the state level, funding tied to the governor
- Kentucky: Also, state-funded, however, difficulties are tied to the legislature
-Nationwide survey of public defenders
- 73% of county-operated systems in 27 states were above the maximum recommended caseload
- 15 out of the 22 state centralized defender programs exceeded recommended caseload limits
"In the U.S they are intermediaries between the police and judciary."
Traditional Prosecutors:
focus on indictments, convictions, and harsh sentences
Progressive Prosecutor:
focus on increasing diversion, reducing disparities, and improving community engagement
- Survey from 4 prosecutorial offices
- Results: 3 out 4 offices hold fewer punitive attitudes
- being a supervisor is negatively associated with punitive attitudes
- prosecutors scoring higher on progressive orientation hold less punitive attitudes
Reform-minded prosecution:
focus on reducing incarceration, promoting fair prosecution, focusing on the community, and increasing accountability
- The study focused on Tampa and Jacksonville.
-Interviews that were audio recorded found that "fairness" was a common priority, and keeping people out of the system was second.
7 Problems With Prosecutors
-Power prosecutors have
-Discretion they exercise
-The illegality they engage
-Punitive ideology that shapes their practices
-Unaccountability
-Organizational inertia
-The ambiguity surrounding the prosecutor's role
7 Possible Solutions
-Judicial oversight
Would rein prosecutorial power, reduce discretion, and make prosecutors more
accountable
-Internal checks
Address problems with discretion, and more accountability
-Elections
-Community prosecution
-Adaptive management
-Disempowerment
-Role specification