Effective Indigent Criminal Defense Services in Nebraska State Courts
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Authors
Hornstein, Bennett G.
Issue Date
1974
Volume
7
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|Nineteen seventy-three marks the tenth anniversary of the United States Supreme Court's decision in Gideon v. Wainwright, interpreting the sixth amendment's right to counsel to require state provision of free counsel for all indigents accused of serious criminal offenses. This year also marks the first anniversary of Arger-singer v. Hamlin, extending Gideon by forbidding the imposition of jail sentences on any indigent defendant who has not been afforded the right to counsel. Although Gideon enjoined upon the states perhaps the heaviest burdens of any decision of the "Criminal Law Revolution, it has been, paradoxically, one of the most popular rulings of this period. While mandating to the states the considerable obligation of offering free defense counsel, the Supreme Court in no way specified what methods of providing counsel might satisfy constitutional standards. Defense counsel must, of course, meet the minimum requirements of effectiveness in any given criminal case. It is equally apparent that the manner by which a state chooses to provide indigent defense counsel could result in eventual court determinations of the ineffectiveness of counsel so provided...
Description
Citation
7 Creighton L. Rev. 1 (1973-1974)
Publisher
Creighton University School of Law