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Editor: Kevin Cole
Univ. of San Diego School of Law

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Tuesday, September 11, 2012

Colbert on Counsel at the Initial Bail Hearing

Colbert douglasDouglas Colbert (University of Maryland Francis King Carey School of Law) has posted When the Cheering (for Gideon) Stops: The Defense Bar and Representation at Initial Bail Hearings (The Champion, June 2012, p. 10-14) on SSRN. Here is the abstract:

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority. 

http://lawprofessors.typepad.com/crimprof_blog/2012/09/colbert-on-counsel-at-the-initial-bail-hearing.html

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Comments

gideon was not about the right not counsel, as the bill of rights already provided for that. gideon was about who was gonna get stuck with the cost for indigents. here's a suggestion about who should pay for defense counsel at the initial bail hearing - special tax the lawyers, the whole lot, as they have proven that protection of inalienable rights start when you give the lawyers the money. all lawyer income needs to be special taxed to fund for and provide initial bail hearing services, which agreed, is indeed needed, as you so beautifully indicated, that the judges, will likely set excessive or unreasonable bail. after all, if it weren't for these judges setting excessive or unreasonable bail, that defense lawyers probably would not need defense counsel at initial bail hearings. call a spade a spade - its the judges. call a spade a spade - the lawyers, since 1963, have done nothing to fill the hole. special tax the lawyers - and force them to fill the hole that they should have voluntarily, out of duty to the rights of all people, already filled. justice at initial bail hearings has been put on hold since 1963, because lawyers will not begin protecting rights, until they collect the money. sickening. special tax the lawyers - do it now.

Posted by: bb | Sep 12, 2012 4:15:13 PM

justice and constitutional rights are on hold, until the lawyers can figure out one more way to suck the taxpayer dry. they would love to protect your rights - especially if they can bang the taxpayer for the loot. special tax all lawyer income. force the lawyers to fund justice. after all, once they clean everything up, then the special tax will no longer be needed.

Posted by: bb | Sep 12, 2012 6:08:24 PM

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