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NCJ Number: 31678 Find in a Library
Title: GORDON V JUSTICE COURT - DEFENDANT'S RIGHT TO A COMPETENT TRIBUNAL
Journal: HASTINGS CONSTITUTIONAL LAW QUARTERLY  Volume:2  Issue:4  Dated:(FALL 1975)  Pages:1177-1206
Author(s): L D NELSON
Corporate Author: University of California
Hastings College of Law
United States of America
Date Published: 1975
Page Count: 30
Sponsoring Agency: University of California
San Francisco, CA 94102
Format: Article
Language: English
Country: United States of America
Annotation: IN THIS 1975 DECISION, THE CALIFORNIA SUPREME COURT HELD THAT THE DENIAL OF AN ATTORNEY JUDGE TO AN ACCUSED FACING THE POSSIBILITY OF INCARCERATION ON CONVICTION IS A DENIAL OF CONSTITUTIONAL DUE PROCESS.
Abstract: THIS NOTE EXPLORES THE BASIS AND IMPORT OF GORDON AND CONTRASTS ITS JUDICIALLY IMPOSED REQUIREMENT OF BAR ADMISSION FOR CRIMINAL TRIAL JUDGES WITH THE SOLUTIONS ATTEMPTED BY VARIOUS STATE LEGISLATURES TO GUARANTEE THE JUDICIAL COMPETENCE OF LOWER COURT JUDGES. OTHER ALTERNATIVES IDENTIFIED INCLUDE RESTRICTING THE CRIMINAL JURISDICTION OF THE LAY JUDGE, PROVIDING FOR TRANSFER OF PROCEEDINGS AT THE DEFENDANT'S REQUEST OR REQUIRING THE DEFENDANT'S CONSENT TO TRIAL BY A LAY JUDGE, AND PROVIDING FOR TRIAL DE NOVO BEFORE AN ATTORNEY JUDGE ON APPEAL. THE COMPLETE ELIMINATION OF LAY JUDGES IS ALSO DISCUSSED. THE AUTHOR CONCLUDES THAT A COMPETENT JUDICIARY, AS PROVIDED FOR IN GORDON, IS NECESSARY TO INSURE A DEFENDANT'S RIGHT TO A FAIR TRIAL.
Index Term(s): California; Judge selection; Judges; Judicial decisions; Personnel minimum standards; Right to Due Process; Right to fair trial; Rights of the accused
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31678

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