Making Gideon Count? Public Defender Resources and Felony Case Outcomes for Black, White, and Latinx Individuals

2021 ◽  
pp. 215336872110064
Author(s):  
Aaron Gottlieb

Although Gideon v. Wainright has provided indigent defendants potentially facing prison time the right to counsel, commentators and scholars have documented that the public defense system is vastly underfunded and currently in crisis. However, research has rarely examined how public defender resources impact case outcomes, and the research that does exist has yet, to my knowledge, examine how these resources impact racial disparities in case outcomes. By merging data from the Census of Public Defender Offices to data from the State Court Processing Statistics, I begin to fill this gap. Results from multivariate regression analyses with state-year fixed effects provide mixed evidence. Regardless of race, higher public defender and support staff caseloads tend to be associated with worse case outcomes. In the case of pretrial detention, I find that high public defender and support staff caseloads exacerbate Black-White disparities. With respect to sentence length, I find evidence that high public defender caseloads exacerbate Latinx-White disparities and some evidence that they mitigate Black-White disparities. In sum, these results provide strong support for the view that the public defender funding crisis harms indigent defendants regardless of race and mixed evidence regarding its impact on racial disparities in the criminal justice system.

2021 ◽  
Vol 13 (2) ◽  
pp. 35
Author(s):  
Azul A. Aguiar Aguilar

With the transition to democracy, Latin American countries have embarked on implementing judicial reforms to redesign justice-sector institutions and build up the rule of law in the region. Reform efforts included empowe¬ring the courts, granting political independence to the public prosecutor’s office, professionalizing the public defender offices and implementing the accusatory criminal system in justice-sector institutions. To what extent are the reforms tar¬geted at the public defender offices changing the way legal defense is provided? In this article, after discussing a theoretical framework that captures and opera¬tionalizes the concepts of a merit-based career system, an accusatory criminal justice system and effective legal representation, I examine the extent to which the changes of transitioning from an inquisitorial to an adversarial system and from a non-merit-based career system to a merit-based career system have affec¬ted the way legal counsel is provided at subnational public defender offices. To accomplish this, I provide both a de jure and de facto measures (indicators of reform implementation). To identify the de jure indicators, I consulted legal texts (constitutions and secondary laws), and to gauge how the de facto indi¬cators work, I relied on interviews with public defenders, reports and academic documents. I collected 50 interviews with public defense attorneys from three Mexican states: Baja California Sur, Jalisco and Nuevo León. Findings from these states suggest that as reform implementation advances, public defenders have more tools to offer legal representation; more specifically, they are better trained, in addition to having higher salaries, a lower caseload per defender and increased access to forensic services.


Author(s):  
Sara Mayeux

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.


CICES ◽  
2017 ◽  
Vol 3 (1) ◽  
pp. 35-47
Author(s):  
Faisal Rudiansyah Hamzah ◽  
Panji Wira Soma ◽  
Indri Rahmawati

With the development of information technology in particular in the field of multimedia in such rapid and the longer forms of media information more diverse so that more education institutions boast. Media information and promotion is currently used by SMK PGRI 11 Ciledug Tangerang. The purpose of this research audio visual media into the media information and proper promotion, by controlling hearing and vision in the form of audio visual in order to convey messages can be understood by the public at large. Existing problems, namely the medium used by the SMK PGRI 11 Ciledug Tangerang still use print media such as banners, posters and pamplet are considered less effective and efficient to use while simultaneously promoting the institutions with the best possible audio visual media so that it is selected into a medium of information and promotion of the right, by controlling hearing and vision in the form of audio visual. Because therein lies the message delivery process or how to visualize. At the same time listening and showing the contents of the message to the recipient with information through media menunjangnya, so the design of video media profile that displays the entire scope, advantages and facilities belonging to SMK PGRI 11 Ciledug Tangerang, can be a solution in solving problems in media promotion and information. With this study the author makes with the title "promotion and INFORMATION AUDIO VISUAL MEDIA SHAPED VIDEO PROFILE on SMK PGRI 11 APPLICATIONS TANGERANG CITY ".


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2019 ◽  
Vol 11 (4) ◽  
pp. 45
Author(s):  
Cristina Lafont

In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.


Koneksi ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 215
Author(s):  
Wiwin Fitriyani ◽  
Ahmad Junaidi

Freedom of the Press is the right to express, disseminate ideas, organize, and so forth. Freedom of the Press is based on the provisions made by the Press Council called the Journalistic Code of Ethics. The Journalistic Code of Ethics is the professional ethics of journalists. As the party that disseminates information to the public, journalists need to practice the provisions of the Journalistic Code of Ethics which consists of 11 articles, because various news reports that journalists report should have an impact on society. Then, one of the news that received more attention from the public, namely regarding the relocation of the Indonesian capital. At that time, the news received various responses from various parties. Therefore, various media are aggressively producing news related to this, such as Liputan6.com. In this study, the Journalistic Code of Ethics analyzed with the news included article 1, 2, and 3. The purpose of this study was to determine the application of the Journalistic Code of Ethics in reporting the removal of the Indonesian Capital City on Liputan6.com. Theories used include news reporting and the Journalistic Code of Ethics. Then, for the research method used, namely quantitative content analysis using coding sheets to process, and analyze the data. The results of this study indicate Liputan6.com has implemented a Journalistic Code of Ethics, although of the 55 news samples there are still 19 news that do not meet the element of balance.Kebebasan pers merupakan hak untuk berekspresi, menyebarluaskan gagasan, dan berorganisasi. Kebebasan pers dilandasi oleh ketentuan yang dibuat Dewan Pers yang disebut Kode Etik Jurnalistik. Kode Etik Jurnalistik adalah etika profesi wartawan. Sebagai pihak yang menyebarkan informasi kepada khalayak, jurnalis perlu mempraktikan ketentuan Kode Etik Jurnalistik yang terdiri dari 11 pasal. Hal ini karena berbagai berita yang jurnalis laporkan akan memberi dampak pada masyarakat. Salah satu pemberitaan yang mendapatkan perhatian lebih dari masyarakat, yaitu mengenai pemindahan ibu kota Indonesia. Pada saat itu, kabar tersebut mendapatkan berbagai respon dari berbagai pihak. Oleh karena itu, berbagai media gencar dalam memproduksi berita terkait hal tersebut, salahsatunya Liputan6.com. Pada penelitian ini, Kode Etik Jurnalistik yang dianalisis dengan pemberitaan tersebut, antara lain pasal 1, 2, dan 3. Tujuan dari penelitian ini ialah untuk mengetahui penerapan Kode Etik Jurnalistik pada pemberitaan pemindahan Ibu Kota Indonesia di Liputan6.com. Teori yang digunakan diantaranya pemberitaan, dan Kode Etik Jurnalistik. Metode penelitian yang dipakai yakni analisis isi kuantitatif dengan memakai lembar codinguntuk mengolah, dan menganalisis datanya. Hasil dari penelitian ini menunjukan Liputan6.com sudah menerapkan Kode Etik Jurnalistik, meskipun dari 55 sampel berita masih terdapat 19 berita yang tidak memenuhi unsur keberimbangan.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.


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