Abstract

http://ssrn.com/abstract=1914520
 


 



Prosecution Without Representation


Douglas Colbert


University of Maryland Francis King Carey School of Law

April 1, 2011

Buffalo Law Review Vol. 59, p. 333, April 2011
U of Maryland Legal Studies Research Paper No. 2011-40

Abstract:     
Nearly 50 years after the Supreme Court's landmark ruling in Gideon v. Wainwright established indigent defendants' constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery's wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. The article also analyzes the Justices' response to the wrongfully accused and unrepresented Walter Rothgery, and provides insight into how the Court will likely decide the constitutional claim to counsel when it next faces the issue. It suggests that the amicus community's participation will likely assume an important role in the Supreme Court's ultimate ruling.

Number of Pages in PDF File: 123

Keywords: right to counsel, amicus community, pretrial liability, bail, indigent defendant

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Date posted: August 22, 2011 ; Last revised: January 17, 2012

Suggested Citation

Colbert, Douglas, Prosecution Without Representation (April 1, 2011). Buffalo Law Review Vol. 59, p. 333, April 2011; U of Maryland Legal Studies Research Paper No. 2011-40. Available at SSRN: http://ssrn.com/abstract=1914520

Contact Information

Douglas L. Colbert (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-0683 (Phone)
410-706-5856 (Fax)
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