NCJ Number
30771
Date Published
1974
Length
15 pages
Annotation
REVIEW OF LOWER FEDERAL COURT DECISIONS ON THE DEFINITION OF EFFECTIVE ASSISTANCE OF COUNSEL, THE DUTY OF THE COURT TO PROVIDE EFFECTIVE ASSISTANCE, AND DEFENDANT REMEDIES BEFORE, DURING, AND AFTER TRIAL.
Abstract
ALSO CONSIDERED ARE STANDARDS FOR APPEALS BASED ON INDIGENT DEFENDANT ALLEGATIONS OF FAULTY REPRESENTATION. THE AUTHOR CONCLUDES THAT A REAPPRAISAL OF THE COURT'S IMPRECISE DEFINITION OF EFFECTIVE REPRESENTATION IS REQUIRED; THAT RESTRICTIONS OF THE RIGHT TO EFFECTIVE REPRESENTATION THROUGH THE APPLICATION OF A RIGID STANDARD ON REVIEW IS INAPPROPIRATE; AND THAT THE MOST EFFECTIVE AND EFFICIENT REPRESENTATION FOR INDIGENT DEFENDANTS WOULD BE PROVIDED THROUGH THE IMPLEMENTATION OF A PUBLIC DEFENDER PROGRAM EQUIPPED WITH INVESTIGATIVE SERVICES, PROVIDING LAWYERS EXPERIENCED IN CRIMINAL TRIALS.