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Poor People Lose: Gideon and the Critique of Rights

BUTLER, PAUL D.

The Yale law journal, 2013-06, Vol.122 (8), p.2176-2204

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Título:
Poor People Lose: Gideon and the Critique of Rights
Autor: BUTLER, PAUL D.
Assuntos: Analysis ; Attorneys ; Criminal justice ; Criminal law ; Criminal procedures ; Criminal punishment ; Criminals ; Defendants ; Discrimination in criminal justice administration ; Economic aspects ; Enforcement ; Laws, regulations and rules ; Legal studies ; Low income groups ; Poor ; Prisons ; Prosecuting attorneys ; Prosecutions ; Right to counsel
É parte de: The Yale law journal, 2013-06, Vol.122 (8), p.2176-2204
Descrição: A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon demonstrates this critique: it has not improved the situation of most poor people, and in some ways has worsened their plight. Gideon provides a degree of legitimacy for the status quo. Even full enforcement of Gideon would not significantly improve the loser status of low-income people in American criminal justice.
Editor: New Haven: The Yale Law Journal Company
Idioma: Inglês

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