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A Sword for the Convicted: Representing Indigent Defendants on Appeal: Contributions in Criminology and Penology

Autor David Wasserman
en Limba Engleză Hardback – 17 sep 1990 – vârsta până la 17 ani
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.
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Specificații

ISBN-13: 9780313268816
ISBN-10: 0313268819
Pagini: 296
Dimensiuni: 156 x 235 x 26 mm
Greutate: 0.63 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Criminology and Penology

Locul publicării:New York, United States

Notă biografică

DAVID T. WASSERMAN is a Research Scholar with the Institute for Philosophy and Public Policy, located at the University of Maryland, and a former staff attorney with the criminal appeals bureau of the New York Legal Aid Society. His articles have appeared in a number of legal journals, including Philosophy and Public Affairs, North Carolina Central Law Journal, and Maryland Law Review.

Cuprins

Foreword by James B. JacobsPrefaceIndigent Appellate Representation in the Quarter Century After Douglas: Challenges and ConstraintsThe Right to Assigned Appellate Counsel and the Transformation of Criminal AppealsAn Introduction to Criminal Appeals and First-Level Appellate Review in New YorkIndigent Appellate Defense in New York City An Empirical Study of the Performance of New York City's Two Appellate DefendersA Qualitative Evaluation of New York City's Appellate DefendersCriminal Appellate Dispositions in New York City, 1980-1985Selection Bias and the Assignment Process: An Alternative Explanation for Outcome Differences Between the DefendersThe Character of Appellate Intervention in Criminal Cases and the Role of Appellate AdvocacyThe Continuing Challenge of Criminal Appellate Representation: Improving Quality, Conserving Resources and Broadening ImpactConflicts of Interest and Indigent Appellate DefenseImproving the Quality of Indigent Appellate Representation in Conflict CasesEnhancing the Impact of Criminal Appellate Representation: Conserving Appellate Reources for More Meritorious CasesIncreasing the Impact of Indigent Appellate RepresentationAppendix: Suggestions for Further ResearchSelected BibliographyIndex