Quality over Quantity: Legal Representation at the Asylum Office

Law & Policy ◽  
2021 ◽  
Author(s):  
Hillary Mellinger
Keyword(s):  
2021 ◽  
Vol 10 (7) ◽  
pp. 276
Author(s):  
Justine N. Stefanelli

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.


2021 ◽  
pp. 154120402110276
Author(s):  
Caitlin M. Brady ◽  
Jennifer H. Peck

While prior studies of juvenile court outcomes have examined the impact of legal representation on out-of-home placement versus community sanctions, previous research has not fully explored the variation within sanctions that youth receive. The current study examines the influence of type of legal representation (public defender or private attorney) when predicting juvenile adjudications and dispositions. Using a sample of delinquent referrals from a Northeast state between 2009 and 2014, results showed that youth do receive different outcomes (e.g., probation, drug and alcohol treatment, accountability-oriented dispositions, etc.) based on the type of legal representation. The findings have important implications for juvenile court processing related to how courtroom actors impact case outcomes.


Author(s):  
Sara Riva ◽  
Erin Routon

Abstract This article explores the mechanisms in which, through the US family detention asylum process, neoliberal ideas of citizenship are reinforced and contested. Through ethnographic research, and using a Foucauldian lens, we take a closer look at the neoliberal processes involved within so-called family detention. Specifically, we focus on legal advocates who are helping detained women prepare for their legal interviews. This paper argues that humanitarian aid work becomes knowable through attention to microlevel details and forms of practice—on the ground and at the margins. This affords a recognition of not only areas of functional solidarity or symbiosis with the state, but also those less visible forms of contestation. We claim that while legal advocates play a role within the neoliberal regimes at work inside these centres, they also contest this system in various critical ways, ensuring both access to legal representation for all detainees and their eventual release.


1979 ◽  
Vol 4 (4) ◽  
pp. 29-32
Author(s):  
Brian Lucas

In its Second Main Report, Law and Poverty in Australia, the Commission of Inquiry into Poverty expressed the view that “legal representation for children appearing before the children's court, whether in the criminal or protective jurisdiction, is necessary if justice is to be done.”This view coincides with the opinion of the Supreme Court of the United States of America in In re Gault. It has been said that this decision “unleashed a frontal assault on the juvenile court system.” It confirmed that juveniles were entitled to “due process” and the same protection which the Fourteenth Amendment and the Bill of Rights afforded to adults.


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