« SCOTUS rules 5-4 to extend Fourth Amendment protections to cell-site records in Carpenter | Main | Remarkable tale of how uncertain criminal laws and their enforcement can produce extraordinary punishment inequities »

June 22, 2018

"Gideon Incarcerated: Access to Counsel in Pre-Trial Detention"

The title of this post is the title of this new article authored by Johanna Kalb now available via SSRN.  Here is the abstract:

As the population of incarcerated persons has swelled in local, state, and federal facilities around the country, the infrastructure supporting the attorney-client relationship is under increasing stress.  The result is an array of new cases about the difficulties of lawyering in jails and prisons.  These cases challenge the lack of private space for legal visits, reductions in visiting hours, remote carceral placements, interference with legal mail, and monitoring of legal phone calls and legal email.  Despite (or perhaps because of) these mounting challenges, many courts have become less receptive to Sixth Amendment claims from people behind bars, putting the right to counsel at risk.

This Article traces the hidden ways in which mass incarceration has worked to degrade the right to counsel, both in fact and in law, for incarcerated criminal defendants.  It then proposes possibilities for reinvigorating the Sixth Amendment’s protections for incarcerated defendants, through intersecting strategies for regulation and structural litigation, with the ultimate goal of breaking our national reliance on pretrial detention.  Building on a 50-state survey of the jail standards governing the attorney-client relationship, the Article illustrates how the Sixth Amendment’s protections are currently understood by those who must facilitate them, and then proposes a new litigation strategy to catalyze reform.

June 22, 2018 at 04:28 PM | Permalink


Translation of lawyer code:

1) right to Counsel: make work government jobs for lawyers of no value. These defense lawyers hand carry offers and messages. Give defendants email addresses to replace these lawyers;

2) pro se criminal defendants, with some procedural help from judges, have a higher rate of no guilty verdicts than public defenders. The pro se litigants have one case to follow, not 200 cases. They have good motivation, rather than assembly line attitudes of public defenders. The latter believe that all their clients are guilty, including the 20% of them that have been falsely accused;

3) machines are always 100 times better than living beings. Soon judges and defense lawyers should be replaced by robots.

Posted by: David Behar | Jun 23, 2018 2:35:05 AM

Do they know in the Mad House DB escaped ?????

Posted by: Claudio Giusti | Jun 23, 2018 1:08:00 PM

Hi, Claudio. To review this famous case. Gideon, a career criminal was found with $30 in quarters (coins) in his pocket after a cigarette machine was broken into. He used one to call a cab from the scene of the break in. In today's money, that would be worth over $300. The first jury properly found him guilty. He did an excellent job as his own attorney in that trial, but the facts were overwhelming.

He writes on a bag or on toilet paper or some such, an appeal to the Supreme Court of the US. They take his poorly written appeal, as an opportunity to make a massive number of jobs for lawyers in the US. They invent a right to counsel. It is nowhere in the constitution.

He turns down the ACLU asshole. He demands the best criminal defense lawyer in the area. 2500 criminals are loosed on the street by this certification by the Supreme Court. He is not one of them. He has to wait for a retrial. His slick lawyer beats the case. He set loose after a time longer than he would have served from the original conviction. He is an alcoholic. He beats up his wife, and dies of liver failure.

It is hilarious, ironic story.

Posted by: Dsvid Behar | Jun 23, 2018 3:37:57 PM

DB is a poor, little, stupid, nasty, dirty, sad man.

Posted by: Claudio Giusti | Jun 23, 2018 3:59:38 PM

Hi, Claudio. Do you want to know what is "...stupid, nasty, dirty, sad"?

The fact is that the biggest, most powerful criminal enterprise in history now controls 99% of the policy decisions of the government of the USA, no matter the elected figurehead. As a result the government of the USA is the stupidest and most failed enterprise in all of history. It does nothing well because 25000 dunderheads control it, and run for their rent seeking purposes. Attending law school in this country causes more intellectual disability than all the lead paint and football concussions.

Read this blog. You come to understand how 15 million common law crimes, 30 million identity thefts, and billions of internet crimes take place each year, and these self dealing morons do nothing about it.

Posted by: David Behar | Jun 24, 2018 5:09:30 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB