Test 3 Flashcards
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