2009 -- NATIONAL LEVEL
Law and Inequality
ABSTRACT & CITATION
The right to effective counsel does not exist in a vacuum. This article proposes that as practices adapt to maintain efficacy in the courtroom, so to should the entitlements of indigent defendants and the Supreme Court has neglected opportunities to advance indigent representation at the pace of contemporary litigation. Allen guides the reader through a history of the Supreme Court’s incremental steps towards recognition and fulfillment of the rights of an accused, indigent person but uncovers a shortcoming in each step. The legal presumptions are skewed and the burdens are predjudiced. Allen deftly points out the fundamental flaws in jurisprudence regarding indigent defense. She argues that until the Supreme Court mandates States to meet the standards promulgated by organizations like the ABA and NLADA, the right to “effective” counsel will be systemically unrealized.
Allen, Jennifer. (2009) Free for All a Free for All: The Supreme Court’s Abdication of Duty in Failing to Establish Standards for Indigent Defense. Law & Inequality: A Journal of Theory and Practice. 2009 (summer): 365-411.Topics: Ethical and Professional Responsibilities, Supreme Court Decisions
Last revised: June 9, 2015 5:13 pm