By Michael Scott Weiss
Weiss reveals that public defenders’ motivations should be "pragmatic" and comprise the chance for trials or the life-style benefits that include executive criminal paintings. Others should be "political" -- the will to provide intending to constitutional protections, the altruistic urge to aid others, or the opportunity to confront police, prosecutors and judges who many public defenders think deal with their consumers unfairly. those sentiments come up often and their expression means that they include a approach designated to public defenders. whereas critics declare that public defenders lack the commitment to symbolize negative consumers successfully, Weiss concludes that many are enthusiastic about their paintings, seeing it so that it will problem the mistreatment they suspect their consumers endure.
Read or Download Public Defenders: Pragmatic and Political Motivations to Represent the Indigent (Criminal Justice (Lfb Scholarly Publishing Llc).) (Criminal Justice: Recent Scholarship) PDF
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Extra info for Public Defenders: Pragmatic and Political Motivations to Represent the Indigent (Criminal Justice (Lfb Scholarly Publishing Llc).) (Criminal Justice: Recent Scholarship)
Richard Quinney (1970), for example, argues that indigent defenders are “the least competent lawyers” who provide legal counsel that “is generally of limited character” while private defense attorneys are poorly trained and have insecure practices; according to Quinney, “legal services are inadequate for the class which requires legal assistance the most” (p. 152). This page intentionally left blank CHAPTER 4 A Qualitative, Semi-Structured Interview Study Social research is often described as serving the following general purposes: exploration, description and explanation.
From the point of view of everyone, the startling conclusion must be that in a system where everyone is doing his or her job properly, the public defender does not win cases. (p. ” In sum, public defenders are placed in a “no-win” situation: losses result from incompetence and corruption, while victories are generated not by talent or effort, but by outside forces so powerful as to overcome the defender’s incompetence and corruption. It would seem paradoxical, it is worth noting, that allegations of substandard representation exist side-by-side with the aversion expressed toward public defenders for their representation of guilty clients.
It seems, in fact, that public defenders take pleasure in winning precisely because they win so infrequently; these atypical successes make them feel like legitimate, even proficient attorneys. As Babcock (1983-84) muses, “winning ah winning has great significance because the cards are stacked for the prosecutor” (p. 178), a view shared by a public defender interviewed by McIntyre (1987) who declares, “you Challenges of Public Defense 31 feel great when you win. There is no feeling like it. And that wouldn’t feel as good if it weren’t so hard to win” (pp.