Comparison of Progressive Defender with Foltzian Model - Revision history

Jalss at 17:13, 28 December 2010

2010-12-28T17:13:38Z

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	One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.		One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.
		+

	===The Foltzian Model===		===The Foltzian Model===

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-

	Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).		Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).
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	As noted in the text, the early reports of the Los Angeles office reveal its difference from Foltz’s original vision, as well as its successes that inspired imitation. Just as Foltz had predicted when she introduced her bill some twenty years earlier, the public defender almost immediately eradicated “the shyster and swindling riffraff” of the legal profession, which were Foltz’s words when her bill was introduced in the New York legislature. ''The Public Defender Bill'', BROOKLYN DAILY EAGLE, Jan. 23, 1897, at 7. Other systemic evils Foltz had described in her speeches and writings were also decreased: conviction of the innocent, guilty pleas by the confused, neglect by court appointees, and unfair and vindictive prosecution. Walton J. Wood, supra, note 53, at 592-597 (discussing the advantages of having a public defender, both for the defendants and for the rest of the public).		As noted in the text, the early reports of the Los Angeles office reveal its difference from Foltz’s original vision, as well as its successes that inspired imitation. Just as Foltz had predicted when she introduced her bill some twenty years earlier, the public defender almost immediately eradicated “the shyster and swindling riffraff” of the legal profession, which were Foltz’s words when her bill was introduced in the New York legislature. ''The Public Defender Bill'', BROOKLYN DAILY EAGLE, Jan. 23, 1897, at 7. Other systemic evils Foltz had described in her speeches and writings were also decreased: conviction of the innocent, guilty pleas by the confused, neglect by court appointees, and unfair and vindictive prosecution. Walton J. Wood, supra, note 53, at 592-597 (discussing the advantages of having a public defender, both for the defendants and for the rest of the public).
		+

	== Cost of the Public Defender ==		== Cost of the Public Defender ==

-
	To Foltz’s arguments that the introduction of capable defense counsel would reform the system, the Progressives added a strong pitch that it would also save money. Cost-effectiveness was a talking point for the Progressive defender in a way impossible for Foltz to claim, though she did say there would be some cost-savings from the public defender’s single calendar and criminal expertise. Foltz, ''Public Defenders'', at 401. But her full-service defender for all who asked was expensive.		To Foltz’s arguments that the introduction of capable defense counsel would reform the system, the Progressives added a strong pitch that it would also save money. Cost-effectiveness was a talking point for the Progressive defender in a way impossible for Foltz to claim, though she did say there would be some cost-savings from the public defender’s single calendar and criminal expertise. Foltz, ''Public Defenders'', at 401. But her full-service defender for all who asked was expensive.

Jalss: /* The Voluntary Defenders */

2010-12-28T17:12:38Z

The Voluntary Defenders

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	The Voluntary Defenders were private lawyers who donated their services for adversarial individual representation on the Foltzian model. Goldman’s opponents argued that this was better than his proposed public defender because the poor received the same defense that the wealthy had. Others urged that the Voluntary Defenders were superior because they were private, and that the state should not be in the defense business. Yet others believed it was the non-delegable responsibility of the profession to aid the destitute and oppressed. In the end, the Voluntary Defenders beat out Mayer Goldman’s Public Defender statute in New York.		The Voluntary Defenders were private lawyers who donated their services for adversarial individual representation on the Foltzian model. Goldman’s opponents argued that this was better than his proposed public defender because the poor received the same defense that the wealthy had. Others urged that the Voluntary Defenders were superior because they were private, and that the state should not be in the defense business. Yet others believed it was the non-delegable responsibility of the profession to aid the destitute and oppressed. In the end, the Voluntary Defenders beat out Mayer Goldman’s Public Defender statute in New York.

Jalss: /* History of the Legal Aid Society */

2010-12-28T17:12:27Z

History of the Legal Aid Society

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-	The history of the legal aid societies and their relation to public defense is best explained in JOHN MACARTHUR MAGUIRE, THE LANCE OF JUSTICE: A SEMI-CENTENNIAL HISTORY OF THE LEGAL AID SOCIETY 1876-1926 269-76 (1928) and in Smith & Bradway, at 57 (1926). ''See'', ''A Special Committee of the Association of the Bar of the City of New York and the National Legal Aid and Defender Association'', EQUAL JUSTICE FOR THE ACCUSED 43 (1959) [hereinafter EQUAL JUSTICE FOR THE ACCUSED]; HARRISON TWEED, THE LEGAL AID SOCIETY: NEW YORK CITY 1876-1951 7 (1954); J. P. SCHMITT, HISTORY OF THE LEGAL AID SOCIETY OF NEW YORK: 1876-1912 3 (noting “public-spirited American citizens of German birth” founded the legal aid society in New York in 1876); Arthur V. Briesen, ''The Legal Aid Society'', 1 LEGAL AID REV. 2 (1903) (providing a short history of the New York legal aid society); Smith & Bradway, at 84 (discussing the Voluntary Defenders and the Legal Aid Society).	+	The history of the legal aid societies and their relation to public defense is best explained in JOHN MACARTHUR MAGUIRE, THE LANCE OF JUSTICE: A SEMI-CENTENNIAL HISTORY OF THE LEGAL AID SOCIETY 1876-1926 269-76 (1928) and in Smith & Bradway, at 57 (1926). ''See'' ''A Special Committee of the Association of the Bar of the City of New York and the National Legal Aid and Defender Association'', EQUAL JUSTICE FOR THE ACCUSED 43 (1959) [hereinafter EQUAL JUSTICE FOR THE ACCUSED]; HARRISON TWEED, THE LEGAL AID SOCIETY: NEW YORK CITY 1876-1951 7 (1954); J. P. SCHMITT, HISTORY OF THE LEGAL AID SOCIETY OF NEW YORK: 1876-1912 3 (noting “public-spirited American citizens of German birth” founded the legal aid society in New York in 1876); Arthur V. Briesen, ''The Legal Aid Society'', 1 LEGAL AID REV. 2 (1903) (providing a short history of the New York legal aid society); Smith & Bradway, at 84 (discussing the Voluntary Defenders and the Legal Aid Society).

Jalss: /* Example of Progressive-Type Representation */

2010-11-17T07:15:43Z

Example of Progressive-Type Representation

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	===Example of Progressive-Type Representation===		===Example of Progressive-Type Representation===

		+	----

-	One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.

		+	One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.

	===The Foltzian Model===		===The Foltzian Model===

Jalss: /* The Voluntary Defenders */

2010-11-17T07:15:14Z

The Voluntary Defenders

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Jalss: /* The Foltzian Model */

2010-11-17T07:15:01Z

The Foltzian Model

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	===The Foltzian Model===		===The Foltzian Model===
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		+	----


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	As noted in the text, the early reports of the Los Angeles office reveal its difference from Foltz’s original vision, as well as its successes that inspired imitation. Just as Foltz had predicted when she introduced her bill some twenty years earlier, the public defender almost immediately eradicated “the shyster and swindling riffraff” of the legal profession, which were Foltz’s words when her bill was introduced in the New York legislature. ''The Public Defender Bill'', BROOKLYN DAILY EAGLE, Jan. 23, 1897, at 7. Other systemic evils Foltz had described in her speeches and writings were also decreased: conviction of the innocent, guilty pleas by the confused, neglect by court appointees, and unfair and vindictive prosecution. Walton J. Wood, supra, note 53, at 592-597 (discussing the advantages of having a public defender, both for the defendants and for the rest of the public).		As noted in the text, the early reports of the Los Angeles office reveal its difference from Foltz’s original vision, as well as its successes that inspired imitation. Just as Foltz had predicted when she introduced her bill some twenty years earlier, the public defender almost immediately eradicated “the shyster and swindling riffraff” of the legal profession, which were Foltz’s words when her bill was introduced in the New York legislature. ''The Public Defender Bill'', BROOKLYN DAILY EAGLE, Jan. 23, 1897, at 7. Other systemic evils Foltz had described in her speeches and writings were also decreased: conviction of the innocent, guilty pleas by the confused, neglect by court appointees, and unfair and vindictive prosecution. Walton J. Wood, supra, note 53, at 592-597 (discussing the advantages of having a public defender, both for the defendants and for the rest of the public).
-

	== Cost of the Public Defender ==		== Cost of the Public Defender ==

Jalss at 07:14, 17 November 2010

2010-11-17T07:14:01Z

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	Legal Aid Society lawyers helped poor immigrants cope with cheating employers, slum landlords and predatory lenders, mostly by negotiation, conciliation and education. They went to court only as a last resort. Mayer Goldman’s public defender would offer this same type of representation, and some reformers thought that Legal Aid societies should just add criminal cases. A few Societies did just that. But the flagship New York office, instead of adding a criminal division, chose to spin off a new independent organization.		Legal Aid Society lawyers helped poor immigrants cope with cheating employers, slum landlords and predatory lenders, mostly by negotiation, conciliation and education. They went to court only as a last resort. Mayer Goldman’s public defender would offer this same type of representation, and some reformers thought that Legal Aid societies should just add criminal cases. A few Societies did just that. But the flagship New York office, instead of adding a criminal division, chose to spin off a new independent organization.
		+


	===The Voluntary Defenders===		===The Voluntary Defenders===
		+
		+	----
		+

Jalss at 06:07, 16 November 2010

2010-11-16T06:07:45Z

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	== The Progressive and the Foltzian Defenders ==		== The Progressive and the Foltzian Defenders ==
		+

	From the articles in the bibliography and the Smith study supra, the Progressive public defender emerges, and shows himself different in important ways from the figure that Clara Foltz first imagined. Instead of an equal adversary representing everyone, the Progressive defender would focus on the indigent accused. He would be an officer of the court protecting the innocent and pleading the guilty.		From the articles in the bibliography and the Smith study supra, the Progressive public defender emerges, and shows himself different in important ways from the figure that Clara Foltz first imagined. Instead of an equal adversary representing everyone, the Progressive defender would focus on the indigent accused. He would be an officer of the court protecting the innocent and pleading the guilty.
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	To these Progressive thinkers, public defense was less a solution in itself to the need for indigent defense than a segment of a more generalized reform of the entire system. They would focus on the criminal rather than the crime, on treatment rather than punishment, on cooperation rather than on adversary presentation. See Maurice Parmelee, ''Public Defense in Criminal Trials,'' 1 J. Am. Inst. Crim. L. & Criminology 735 (May 1910-Mar. 1911) (arguing that criminal law must balance social and individual rights putting the poor on “equal footing”); Maurice Parmelee, ''New System of Criminal Procedure'', 4 J. Am. Inst. Crim. L. & Criminology 359 (May 1913-Mar. 1914) (arguing for various reforms including procedure simplification, eradication of the grand jury indictment, and deletion of the presumption of innocence).		To these Progressive thinkers, public defense was less a solution in itself to the need for indigent defense than a segment of a more generalized reform of the entire system. They would focus on the criminal rather than the crime, on treatment rather than punishment, on cooperation rather than on adversary presentation. See Maurice Parmelee, ''Public Defense in Criminal Trials,'' 1 J. Am. Inst. Crim. L. & Criminology 735 (May 1910-Mar. 1911) (arguing that criminal law must balance social and individual rights putting the poor on “equal footing”); Maurice Parmelee, ''New System of Criminal Procedure'', 4 J. Am. Inst. Crim. L. & Criminology 359 (May 1913-Mar. 1914) (arguing for various reforms including procedure simplification, eradication of the grand jury indictment, and deletion of the presumption of innocence).

		+
	===Example of Progressive-Type Representation===		===Example of Progressive-Type Representation===
		+

	One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.		One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.
		+

	===The Foltzian Model===		===The Foltzian Model===
		+

	Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).		Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).
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	== History of the Legal Aid Society ==		== History of the Legal Aid Society ==
		+

	The history of the legal aid societies and their relation to public defense is best explained in JOHN MACARTHUR MAGUIRE, THE LANCE OF JUSTICE: A SEMI-CENTENNIAL HISTORY OF THE LEGAL AID SOCIETY 1876-1926 269-76 (1928) and in Smith & Bradway, at 57 (1926). ''See'', ''A Special Committee of the Association of the Bar of the City of New York and the National Legal Aid and Defender Association'', EQUAL JUSTICE FOR THE ACCUSED 43 (1959) [hereinafter EQUAL JUSTICE FOR THE ACCUSED]; HARRISON TWEED, THE LEGAL AID SOCIETY: NEW YORK CITY 1876-1951 7 (1954); J. P. SCHMITT, HISTORY OF THE LEGAL AID SOCIETY OF NEW YORK: 1876-1912 3 (noting “public-spirited American citizens of German birth” founded the legal aid society in New York in 1876); Arthur V. Briesen, ''The Legal Aid Society'', 1 LEGAL AID REV. 2 (1903) (providing a short history of the New York legal aid society); Smith & Bradway, at 84 (discussing the Voluntary Defenders and the Legal Aid Society).		The history of the legal aid societies and their relation to public defense is best explained in JOHN MACARTHUR MAGUIRE, THE LANCE OF JUSTICE: A SEMI-CENTENNIAL HISTORY OF THE LEGAL AID SOCIETY 1876-1926 269-76 (1928) and in Smith & Bradway, at 57 (1926). ''See'', ''A Special Committee of the Association of the Bar of the City of New York and the National Legal Aid and Defender Association'', EQUAL JUSTICE FOR THE ACCUSED 43 (1959) [hereinafter EQUAL JUSTICE FOR THE ACCUSED]; HARRISON TWEED, THE LEGAL AID SOCIETY: NEW YORK CITY 1876-1951 7 (1954); J. P. SCHMITT, HISTORY OF THE LEGAL AID SOCIETY OF NEW YORK: 1876-1912 3 (noting “public-spirited American citizens of German birth” founded the legal aid society in New York in 1876); Arthur V. Briesen, ''The Legal Aid Society'', 1 LEGAL AID REV. 2 (1903) (providing a short history of the New York legal aid society); Smith & Bradway, at 84 (discussing the Voluntary Defenders and the Legal Aid Society).
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	Legal Aid Society lawyers helped poor immigrants cope with cheating employers, slum landlords and predatory lenders, mostly by negotiation, conciliation and education. They went to court only as a last resort. Mayer Goldman’s public defender would offer this same type of representation, and some reformers thought that Legal Aid societies should just add criminal cases. A few Societies did just that. But the flagship New York office, instead of adding a criminal division, chose to spin off a new independent organization.		Legal Aid Society lawyers helped poor immigrants cope with cheating employers, slum landlords and predatory lenders, mostly by negotiation, conciliation and education. They went to court only as a last resort. Mayer Goldman’s public defender would offer this same type of representation, and some reformers thought that Legal Aid societies should just add criminal cases. A few Societies did just that. But the flagship New York office, instead of adding a criminal division, chose to spin off a new independent organization.
		+

	===The Voluntary Defenders===		===The Voluntary Defenders===
		+

	The Voluntary Defenders were private lawyers who donated their services for adversarial individual representation on the Foltzian model. Goldman’s opponents argued that this was better than his proposed public defender because the poor received the same defense that the wealthy had. Others urged that the Voluntary Defenders were superior because they were private, and that the state should not be in the defense business. Yet others believed it was the non-delegable responsibility of the profession to aid the destitute and oppressed. In the end, the Voluntary Defenders beat out Mayer Goldman’s Public Defender statute in New York.		The Voluntary Defenders were private lawyers who donated their services for adversarial individual representation on the Foltzian model. Goldman’s opponents argued that this was better than his proposed public defender because the poor received the same defense that the wealthy had. Others urged that the Voluntary Defenders were superior because they were private, and that the state should not be in the defense business. Yet others believed it was the non-delegable responsibility of the profession to aid the destitute and oppressed. In the end, the Voluntary Defenders beat out Mayer Goldman’s Public Defender statute in New York.

Jalss at 06:06, 16 November 2010

2010-11-16T06:06:27Z

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	== Progressivism and Public Defense ==		== Progressivism and Public Defense ==
		+

	Though as noted previously, Foltz took credit for the first public defender office established in Los Angeles in 1913, it was seen mainly as an outgrowth of the Progressive movement which had found root early in California. SMITH, JUSTICE (the first history of public defense described it as a Progressive reform, though he credited Foltz with “reviv[ing]” the idea in 1896 and used some of her arguments in its favor) at 116 & n.1; 109 n.6, 110 n.4, 110-111 & n.1		Though as noted previously, Foltz took credit for the first public defender office established in Los Angeles in 1913, it was seen mainly as an outgrowth of the Progressive movement which had found root early in California. SMITH, JUSTICE (the first history of public defense described it as a Progressive reform, though he credited Foltz with “reviv[ing]” the idea in 1896 and used some of her arguments in its favor) at 116 & n.1; 109 n.6, 110 n.4, 110-111 & n.1

Jalss at 06:06, 16 November 2010

2010-11-16T06:06:14Z

← Older revision		Revision as of 06:06, 16 November 2010
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	One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.		One example of progressive-type representation from Los Angeles was a murder case in which insanity was the only possible defense. Letter from J.D. Fredericks, District Attorney, Los Angeles, to Thomas J. McManus, Esq., Secretary of the Committee on Criminal Procedure of the N.Y. County Lawyers Association, in ''The Office of the Public Defender in Los Angeles'', 5 J. AM. INST. CRIM. L.& CRIMINOLOGY 441, 442 (May 1914-Mar. 1915) (discussing the case of Frank Walden). Instead of employing competing psychiatrists (“alienists” as they were called), the prosecutor and defender joined in requesting the court to choose three experts who would be equally available to both sides. Foltz’s defender would be at least troubled by the possibility that this arrangement could effectively destroy any jury defense (if all three found the client sane). For other specific examples of the approach of the Progressive defender as compared to the Foltzian model, see Babcock, ''Inventing'' at nn. 56-62.
		+
		+	===The Foltzian Model===

	Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).		Foltz’s model, by contrast, was a capable jury lawyer more likely to go to trial with a client who had a good defense, even if he was factually guilty. The Progressive model reflected the view among many legal elites, especially Roscoe Pound, who thought juries and the lawyers who played upon them were part of the problem with the criminal justice system. See Green, ''Age of Pound'', at 1968-69 (describing Pound’s opposition to adversarial advocacy); Michael McConville & Chester L. Mirsky, ''Understanding Defense of the Poor in State Courts: the Sociological Context of Nonadversarial Advocacy'', 10 STUD. L. POL. & SOC'Y 217, 223-24 (1990) (describing the progressives’ position against adversarial advocacy); Roscoe Pound, ''The Causes of Popular Dissatisfaction with the Administration of Justice, Address at the Twenty-Ninth Annual Meeting of the American Bar Association'', ''in'' REPORT OF THE TWENTY-NINTH ANNUAL MEETING OF THE AMERICAN BAR ASSOCIATION 4-5 (1906) AVAILABLE AT HTTP://WWW.LAW.DE.EDU/STERLING/CONTENT/ALH/POUND.PDF (DECRYING THE “SPORTING THEORY” OF JUSTICE).