Tuesday, February 20, 2018
Joy on Judges and Ineffective Assistance
I contend that a trial judge needs to be committed to a duty to do justice by ensuring the accused’s right to effective assistance of counsel, especially in light of the excessive caseloads and inadequate resources for state public defenders and other publicly provided defense lawyers. Instead of continuing to pigeon-hole ineffective assistance of counsel claims as a post-trial inquiry, there are some circumstances when a trial judge’s duty to do justice requires an inquiry into whether defense counsel is providing effective assistance of counsel at the trial level.
https://lawprofessors.typepad.com/crimprof_blog/2018/02/joy-on-judges-and-ineffective-assistance.html
Comments
Prosecutor, I call BS. You are not forced to plea bargain. You are not forced to do anything. Write an Article, publish it and sit back and wait for your spanking.
Posted by: Thomas R. Griffith | Jun 20, 2018 4:46:02 PM
I have to agree with prosecutor. It is not just a one-way street. Many of my friends have ridiculous caseloads as prosecutors. They have to worry about speedy-trial rights, tracking down witnesses, etc. They plead-out smaller cases so they can focus on murders and rapes in understaffed office, and even then they judges rush them and they cannot adequately prep. Defense attorneys literally don't have to do anything. They are not required to put on a case, they just have to create reasonable doubt. So, don't be so quick to judge.
Posted by: MIJS | Aug 18, 2018 12:06:53 PM
Every law school professor writes about the public defenders' caseload, but what about the prosecutors' excessive caseloads that force prosecutors to make offers they would not otherwise make?
Posted by: Prosecutor | Feb 20, 2018 5:26:26 PM