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"LEGAL ASSISTANCE"
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Chasing Gideon : the elusive quest for poor people's justice
A stinging indictment of a system of indigent defense, a widespread failure that, the author claims, dooms the nation's poor to being represented by insufficient counsel, unwise plea bargains, and wrongful convictions.
Book
Lawyers for the poor
Lawyers for the Poor explores the development of legal advice and aid provision in England between 1890 and 1990. It is the first book-length study to place legal advice provision in the wider context of English civil society and the welfare state, and it demonstrates how making it easier for people to get advice on their problems was shaped by changing ideas of what it meant to be a citizen. This book examines the origins in the after-hours ‘Poor Man’s Lawyer’ voluntary work of individual lawyers in late Victorian London through to the state-subsidised legal aid schemes of post-war Britain. It considers how affordable access to help with legal matters came to be seen as a right for all, and how charities, the main political parties, the trade unions and the media were involved in trying to achieve this by the 1940s. It also reveals the problems and advantages of offering legal advice services as part of the welfare state after 1949 and the ongoing concerns about using public money on private troubles – issues that remain unresolved in the twenty-first century. This book will be of interest to students and researchers of welfare, citizenship, politics, social policy and voluntary action in twentieth-century Britain, and to practitioners.
eBook
Judges, law and war : the judicial development of international humanitarian law
\"International courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law\"-- Provided by publisher.
Book
Integrated Health, Social, and Legal Approaches to Supporting Migrant Women Victims of Human Trafficking and Sexual Violence
Background/Objectives: Human trafficking is a serious violation of human rights, with migrant women being among the most affected groups. This study aimed to explore the experiences of health, legal, and social professionals involved in the care of migrant women victims of trafficking and sexual violence in southern Spain. Methods: A qualitative design was applied, using semi-structured interviews with 47 professionals from hospitals, NGOs, and legal institutions. Results: The analysis identified common challenges such as language barriers, limited resources, and the absence of standardized protocols. Health professionals highlighted the need for continuous training and culturally sensitive care; legal professionals emphasized flexibility in procedures and the importance of confidential interviews for early detection; and social workers stressed the value of coordinated action across sectors. Conclusions: The findings underline the need for an integrated approach that combines health, social, and legal responses in order to improve protection and support for migrant women victims of trafficking.
Journal Article
Mental disability and the death penalty
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
eBook
Advocates for the Oppressed
Struggles over land and water have determined much of New Mexico's long history. The outcome of such disputes, especially in colonial times, often depended on which party had a strong advocate to argue a case before a local tribunal or on appeal. This book is partly about the advocates who represented the parties to these disputes, but it is most of all about the Hispanos, Indians, and Genízaros (Hispanicized nomadic Indians) themselves and the land they lived on and fought for.
Having written about Hispano land grants and Pueblo Indian grants separately, Malcolm Ebright now brings these narratives together for the first time, reconnecting them and resurrecting lost histories. He emphasizes the success that advocates for Indians, Genízaros, and Hispanos have had in achieving justice for marginalized people through the return of lost lands and by reestablishing the right to use those lands for traditional purposes.
eBook
Rascuache Lawyer
Alfredo Mirandé, a sociology professor, Stanford Law graduate, and part-time pro bono attorney, represents clients who are rascuache-a Spanish word for \"poor\" or even \"wretched\"-and on the margins of society. For Mirandé, however, rascuache means to be \"down but not out,\" an underdog who is still holding its ground.Rascuache Lawyeroffers a unique perspective on providing legal services to poor, usually minority, folks who are often just one short step from jail. Not only a passionate argument for rascuache lawyering, it is also a thoughtful, practical attempt to apply and test critical race theory-particularly Latino critical race theory-in day-to-day legal practice.Every chapter presents an actual case from Mirandé's experience (only the names and places have been changed). His clients have been charged with everything from carrying a concealed weapon, indecent exposure, and trespassing to attempted murder, domestic violence, and child abuse. Among them are recent Mexican immigrants, drug addicts, gang members, and the homeless. All of them are destitute, and many are victims of racial profiling. Some \"pay\" Mirandé with bartered services such as painting, home repairs, or mechanical work on his car. And Mirandé doesn't always win their cases. But, as he recounts, he certainly works tirelessly to pursue all legal remedies.Each case is presented as a letter to a fascinating (fictional) \"Super Chicana\" named Fermina Gabriel, who we are told is an accomplished lawyer, author, and singer. This narrative device allows the author to present his cases as if he were recounting them to a friend, drawing in the reader as a friend as well.Bookending the individual cases, Mirandé's introductions and conclusions offer a compelling vision of progressive legal practice grounded in rascuache lawyering.
eBook