Test 3 Flashcards
(54 cards)
what are 2 issues with people’s access to justice
- only some people/problems are fixed
- systemic differences allows different outcomes (money/power)
what is one way to fix access to justice
access to lawyers
what was the past interpretation of the 6th amendment
government could not stop you from having a counsel
what is the current interpretation of the 6th amendment
the government must provide you a counsel if you cannot afford one
what case established the right to counsel
gideon v wainwright
what is Miranda v Arizona about
the RIGHT to be informed of “the right to have a lawyer, remain silent, self-incrimination”
what is one thing to note with Miranda rights
if the person voluntarily keeps talking after asking for counsel the police can talk back
what is Argersinger v Hamlin about
it extends the right to counsel to any crime with the punishment being imprisonment
where does funding for public defense come from
states
what are 2 issues with public defenders
1.underfunding
2. huge caseload
what is the “triage strategy”
when lawyers have such a large caseload they address the most important cases first
since there is a lack of funding for public defenders what has increased at the appeals level
claims of ineffective counsel
what case addresses ineffective counsel
strickland v washington
what are rules in strickland v washington that set the bar for ineffective counsel
- Have to show a different outcome DUE to the lawyer
- Have to show specific errors for bad performance
what is the biggest difference between the civil system and criminal system
there is not guarantee of counsel in the civil system
what is “Civil Gideon”
the idea that argues for representation rights in the civil system (just as big of things at stake)
What did Lassiter vs DSS say
no guarantee of counsel in parental rights cases
who drove the prison reform for inmates
courts (there were no laws prior to the 70s)
what is the “hands off doctrine”
for the court to be involved with this issue it needed clear evidence that “shocked the conscience”
what was the courts original thought with the 8th amendment
Cruel and Unusual punishment did not apply to prisoners
what was a main reason the court did not get involved in prisons early on
they cited FEDERALISM (since most people were in state systems it was a state problem)
which court expanded inmate rights in the 60s
the warren court
what did cooper v pate say (individual rights expansion)
the court recognized people in state prisons could sue under US constitution
what did Newman v Alabama say (individual rights expansion)
established right to basic medical care (judge gave extensive oversight)
