[DOWNLOAD] "Litigating the Ghost of Gideon in Florida: Separation of Powers As a Tool to Achieve Indigent Defense Reform. (Broke and Broken: Can We Fix Our State Indigent Defense System?)" by Missouri Law Review " Book PDF Kindle ePub Free

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• Title: Litigating the Ghost of Gideon in Florida: Separation of Powers As a Tool to Achieve Indigent Defense Reform. (Broke and Broken: Can We Fix Our State Indigent Defense System?)
• Author : Missouri Law Review
• Release Date : January 22, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 337 KB

Description

Today, the promise long ago heralded by Clarence Gideon's successful appeal (1) goes unfulfilled, as public indigent defense systems nationwide operate in perpetual crisis mode. (2) A key difficulty has been that Gideon, while surely deserving of landmark status for its recognition that "lawyers in criminal courts are necessities, not luxuries," (3) failed to provide any guidance on how states should afford such assistance. (4) This deficit has only worsened over time, as the right to counsel has been extended to less serious criminal offenders, (5) resulting in the infusion of yet more indigent clients, magnifying the importance of what Anthony Lewis justly termed an "enormous social task." (6) In Florida, the difficulty has been in evidence since Gideon was decided, (7) prompting the state's supreme court almost thirty years later to condemn the "woefully inadequate funding of the public defenders' offices, despite repeated appeals to the legislature for assistance." (8) In the Sunshine State, however, the standard saga of underfunding and case overloads has come with a twist. Dating back to the 1970s, Florida courts, including its supreme court, have repeatedly sought to remedy the situation. After condoning Gideon's plight, (9) only to have its position repudiated in Gideon and rejected by twenty-two other states that filed an opposing amicus brief with the Court, (10) the Florida judiciary subsequently distinguished itself, forcefully insisting upon the representational rights of accused indigents in the face of chronic public defender underfunding and case overloads. (11)

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