NCJ Number
126504
Date Published
1990
Length
270 pages
Annotation
Using New York City as a research model, this study examines the organizational, tactical, and ethical challenges of providing legal advocacy for every convicted indigent wishing to appeal.
Abstract
Through the use of existing research and commentary, Part I analyzes the impact of the U.S. Supreme Court's Douglas v. California decision on the appellate courts, legal representation, and the organization of defense services. The focus is on New York City, where the challenge of indigent appellate representation has been heightened by the volume of criminal appeals, the lack of judicial screening mechanisms, and the expansive review powers of the appellate courts. Part II presents an empirical study of criminal appeals in New York City, assessing the quality and impact of its appellate defenders, their division of the indigent appellate caseload, and the grounds on which they prevail. The study finds significant disparities in the quality of representation provided by the city's institutional and assigned defenders. Part III examines the implications of this research for the analysis of indigent appellate defense developed in Part I. It considers measures for improving the quality of assigned appellate counsel and proposals for resolving the tension between the adversary role and the appellate review function. Chapter notes and a 45-item select bibliography