NCJ Number
11076
Journal
Cornell Law Review Volume: 58 Issue: 6 Dated: (JULY 1973) Pages: 1077-1120
Date Published
1973
Length
44 pages
Annotation
CIRCUMSTANCES CONSTITUTING INEFFECTIVE ASSISTANCE, COMMON FAILINGS OF DEFENSE COUNSEL, AND RECOMMENDED STANDARDS FOR THE RESOLUTION OF INEFFECTIVE ASSISTANCE CLAIMS.
Abstract
TO ASSURE MORE EFFECTIVE REPRESENTATION BY DEFENSE COUNSEL, SUGGESTIONS INCLUDE - REQUIRING CRIMINAL DEFENSE ATTORNEYS TO PASS A SPECIAL EXAMINATION ON CRIMINAL PROCEDURE, EVIDENCE AND TRIAL TACTICS, INSTITUTING A MINIMUM EXPERIENCE REQUIREMENT, AND HAVING COURTS PROVIDE DEFENSE COUNSEL WITH A CHECKLIST OF FUNCTIONS HE MUST PERFORM PREPARATORY TO A TRIAL OR A GUILTY PLEA, INCREASING THE COMPENSATION PAID TO APPOINTED ATTORNEYS, AND REQUIRING A SELF-IMPOSED LIMIT ON THE CASELOAD HANDLED BY EACH ATTORNEY IN PUBLIC DEFENDER OFFICES. THE AUTHOR URGES JUDICIAL RECOGNITION OF THESE STANDARDS AND CALLS FOR COURTS TO ASSUME A MORE PROTECTIVE ROLE IN TRIAL AND PRETRIAL SUPERVISION.