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NCJRS Abstract

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NCJ Number: 30500 Add to Shopping cart Find in a Library
Title: RIGHT TO COUNSEL IN CRIMINAL CASES - THE MANDATE OF ARGERSINGER V HAMLIN - EXECUTIVE SUMMARY
Author(s): S KRANTZ; P FROYD; J HOFFMAN; D ROSSMAN; C SMITH
Corporate Author: Boston University
Managing Editor
School of Law
United States of America
Date Published: 1975
Page Count: 65
Sponsoring Agency: Boston University
Boston, MA 02215
National Institute of Justice/
Rockville, MD 20849
Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 73-NI-99-0004-G
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: SUMMARY OF A FINAL REPORT ON THE IMPACT AND IMPLICATIONS OF THE U.S. SUPREME COURT'S 'ARGERSINGER' DECISION WHICH EXTENDED GUARANTEED LEGAL COUNSEL TO MISDEMEANANTS AND PETTY OFFENDERS IF IMPRISONMENT IS A POSSIBLE PENALTY.
Abstract: THE REPORT PRESENTS A LEGAL ANALYSIS OF THE ARGERSINGER DECISION; EXPLORES ITS IMPLICATIONS FOR THE LEGAL PROCESS, THE PROVISION OF DEFENSE SERVICES, AND THE ROLE OF THE CRIMINAL LAW; EXAMINES ITS IMPLEMENTATION IN NINE JURISDICTIONS OF VARYING SIZE AND CHARACTER; DEVELOPES SETS OF RECOMMENDATIONS FOR EFFECTUATING THE DECISION; AND TESTS SOME OF THESE RECOMMENDATIONS IN FOUR JURISDICTIONS. IT WAS FOUND THAT COMPLIANCE WITH THE DECISION HAS GENERALLY BEEN TOKEN IN NATURE: WAIVER OF COUNSEL IS OFTEN EXPLICITLY ENCOURAGED, INDIGENCY STANDS ARE INCONSISTENT AND INEQUITABLY APPLIED, AND APPOINTED COUNSEL ARE OFTEN INEXPERIENCED OR ILLPREPARED. THE PROJECT ALSO FOUND THAT LITTLE PLANNING HAD BEEN UNDERTAKEN TO MEET THE BURDENS IMPOSED BY THE DECISION. THE PROJECT STAFF CONCLUDES THAT THE SIXTH AMENDMENT TO THE U.S. CONSTITUTION PROVIDES THE RIGHT TO COUNSEL TO ALL CRIMINAL DEFENDANTS, WHETHER OR NOT THEY FACE IMPRISONMENT, AND THAT THE CASE SHOULD BE INTERPRETED ACCORDINGLY. THE REPORT RECOMMENDS, AMONG OTHER THINGS, THAT THE COURTS SHOULD NOT ATTEMPT TO PREDETERMINE WHICH INDIVIDUAL CASES OR CLASS OF CHARGES ARE LIKELY TYO RESULT IN IMPRISONMENT; THAT STEPS BE TAKEN TO INSURE THE PROVISION OF EFFECTIVE ASSISTANCE OF COUNSEL; THAT PUBLIC DEFENDER SYSTEMS BE IMPROVED THROUGH STAFF TRAINING, HIGHER STAFF STANDARDS, AND INCREASED NUMBERS OF PERSONNEL; AND THAT PUBLIC STANDARDS FOR FINANCIAL ELEGIBILITY BE ESTABLISHED. THE REPORT ALSO RECOMMENDS THAT THE BURDEN OF LOWER COURTS BE REDUCED THROUGH LIMITING ARRESTS FOR CERTAIN VICTIMLESS CRIMES AND THROUGH INCREASED PRETRIAL INTERVENTION. FINALLY, THE REPORT CALLS FOR CONCERTED STATE AND LOCAL RESEARCH AND PLANNING EFFORTS TO TIMPLEMENT THE ARGERSINGER DECISION. (SNI ABSTRACT)
Index Term(s): Court appointed counsel; Defender systems; Defense counsel; Defense services; Judicial decisions; Misdemeanor; Public defenders; Right to counsel; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30500

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