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Essay / Research Paper Abstract
An 8 page paper addressing two discussion questions and providing three case briefs. One question discusses options available to a member of the local bar who has been required to serve as a public defender in an appeal case. The other examines factors that could influence a juror to vote for life in prison or for the death penalty. Briefs are for Bell v. Cone, 535 U.S. 685; 122 S.Ct. 1843 (2002);Kelly v. South Carolina, 534 U.S. 246; 122 S.Ct. 726 (2002); and United States v. Bass, 536 U.S. 862; 122 S.Ct. 2389 (2002), all of which address death penalty issues. Bibliography lists 10 sources.
Page Count:
8 pages (~225 words per page)
File: CC6_KScrimLawProc6.rtf
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Unformatted sample text from the term paper:
Members of the local bar are expected to provide legal services for those needing public defenders when no such defenders are available (Information for Clients, 2000).
They do not have to proceed with appeals they feel have no merit, however; neither do public defenders assigned to those seeking appeal. The Office of the State
Public Defender for the state of Wisconsin explains to adult appellate clients that the first duty of the attorney assigned to their appeal is to assess the case for the
merits of plans to proceed with an appeal of a recently-received conviction. The client is free to proceed with appeal if his attorney rejects it as being without merit,
but that course of action in Wisconsin releases the attorney from any further obligation to handle the clients appeal process (Information for Clients, 2000). In Wisconsin, if the public
defender appeal attorney is released, the state office will not provide another. The client proceeds on his own or hires a private attorney.
A member of the local bar is not going to relish the duty of acting as a public defender, but s/he is bound by the rules of the bar
association and its code of ethics to provide the best service possible for all clients. The attorney cannot reject a potential appeal merely because s/he does not want to
devote the necessary time to it. But given that Joes trial record shows no evidence of errors that could be used as a basis for appeal, neither is there
any reason for the attorney to proceed (Keeping Defender Workloads Manageable, 2001). Roe v. Ortega, 90-1441, 9C (1999) quotes Nelson v. Peyton,
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