[DOWNLOAD] "State Constitutional Challenges to Indigent Defense Systems. (Broke and Broken: Can We Fix Our State Indigent Defense System?)" by Missouri Law Review * Book PDF Kindle ePub Free
eBook details
- Title: State Constitutional Challenges to Indigent Defense Systems. (Broke and Broken: Can We Fix Our State Indigent Defense System?)
- Author : Missouri Law Review
- Release Date : January 22, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 306 KB
Description
I. INTRODUCTION For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the united States constitution, as incorporated to the states by the Fourteenth Amendment. For some time, most obviously during the Warren court years, this federal strategy proved fruitful; indeed, it resulted in a series of landmark decisions by the united States Supreme court that impact indigent defense systems to this day. A subsequent sea change in the Court's jurisprudence, however, which placed great emphasis on federalism, particularly the doctrines of justiciability and abstention (or constitutional avoidance), made it increasingly difficult for litigants to secure basic constitutional protections.