Wednesday, September 12, 2012

Prof. Coleman Posts Right-to-Counsel Article on SSRN

Professor Brooke Coleman (Seattle) has recently posted her forthcoming piece on the right to counsel, Prison is Prison, which will be published in the Notre Dame Law Review.  Here is the abstract:

Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and the right to appointed counsel is no exception. This Article argues that because the consequence of these proceedings is exactly the same, the right to appointed counsel should be the same. Prison is prison. This consequence, and not just doctrinal distinctions, should guide the Court’s analysis in deciding whether an indigent individual receives appointed counsel. By systematically examining the Court’s narratives in both criminal and civil right-to-counsel cases, this Article seeks to determine why the Court continues to treat the same situation so differently. The Court states that it is driven solely by doctrine, but it uses radically different language to discuss the individuals, attorneys, and nature of the proceedings in the criminal versus civil setting. This Article argues that the Court’s different goals in the criminal and civil context better explain the Court’s approach than doctrinal distinctions alone. With criminal cases, its goal is legitimacy, while with civil cases, its primary goal is efficiency. This Article questions the Court’s “doctrinal-oriented” approach in the civil context, and argues that what the Court is really doing is allowing its treatment of cases in the broader civil justice system to affect its jurisprudence in this context. It does this even when the consequence of a typical civil case is so different. After all, the result in a case like Turner is prison, not monetary damages or injunctive relief. Instead of taking this doctrinal-oriented approach, this Article argues that the Court’s analysis should be “consequence-driven.” Where prison is the consequence, the Court’s underlying analysis of right to counsel should be the same whether the proceeding is criminal or civil. Using the Court’s decision in Turner, the Article shows how a consequence-driven approach could have changed the result in that case.

The article is available for download at


At 2:45 AM, Anonymous said...

This completed up a few problems that never been response. Much required to you for providing this popular as well as exciting publish, believe in it doesn't end soon. I am a fan now.

At 1:11 AM, Anonymous Anonymous said...

one of the perfect article and its wrote very nicely or a interesting way.Really i like the article very much.

Cheap essay writing service

At 7:30 AM, Blogger aliya seen said...

The law school statement of purpose is best for right counselling so just be part of our this site and enjoy what you want to learn.

At 12:42 AM, Blogger duyen kull said...

Thanks for the best was very useful for me.keep sharing such ideas in the future as well.this was actually what i was looking for,and i am glad to came here!
age of war 5
Hi! I’ve been reading your blog for a while
now and finally got the courage to go ahead and give youu a shout out from Austin Texas! Just wanted to tell you keep up the fantastic work!my weblog:
age of war 6
age of war 4

age of war 3

earn to die game vip

At 2:41 AM, Blogger Apple Shooter said...

I enjoyed over read your blog post. Your blog have nice information,
I got good ideas from this amazing blog. I am always searching like this type blog post.
I hope I will see again..
Stickman Games | Apple Shooter | Stick War 2

At 3:05 AM, Blogger hoa pikey said...

I enjoyed over read your blog post. Your blog have nice information,
I got good ideas from this amazing blog.
I am always searching like this type blog post. I hope I will see again..
soi cau mien bac | soi cau lo chinh xac 100 | soi cau mb | soi cau |
|du doan xo so mien bac chinh xac 100

At 1:08 AM, Blogger Larry Morales said...

The right to counsel - the author explains its possibilities and the consequences of this particular right. In this article, we can see different sides of law and how it supports people.

At 11:32 PM, Blogger Alice Denny said...

Welcomes to google terminal from Austin Texas! google snake
Amazing insight you have on this, Happy wheels it's nice to find a website that details so much information about different artists... Age of war 2 This article always blew me... Earn to die For how many times I have read this.
slither io Hi! I’ve been reading your blog for a while slitherio it's nice to find a website that details so much big farm

At 12:57 PM, Blogger богдан ян said...

Exquisitely professional thoughts. I merely hit upon this web site and desired to enunciate that I've definitely delighted in reckoning your
blog articles or blog posts. Rest assured I'll subsist pledging to your RSS and I wish you write-up after much more shortly

At 2:26 AM, Blogger thạch phạm said...

This information is impressive; I am inspired with your post writing style & how continuously you describe this topic. After reading your post, thanks for taking the time to discuss this, I feel happy about it and I love learning more about this topic.. hoa lan ho diep | civil engineering outsourcing | Outsource CAD drafting services

At 3:21 PM, Anonymous Saleem said...

An impressive share.I have just forwarded this onto a coworker who had been conducting a little homework on this. And he in fact bought me dinner due to the fact that I found it for him.casio

At 8:51 AM, Anonymous Corsair M65 Pro said...

This information is impressive and one of the perfect article and its wrote very nicely or a interesting way.

At 10:14 PM, Blogger Alice Taylor said...

Thanks for sharing this quality information with us. I really enjoyed reading

At 4:18 AM, Blogger Thu Lê said...

I was very impressed by this post, this site has always been pleasant news. Thank you very much for such an interesting post. Keep working, great job! In my free time, I like play game: imgtaram. What about you?

At 1:02 PM, Blogger endy smith said...

I am so impressed by the things that you can tell us here. I want to get more wow, that i sreally cool.

At 8:45 PM, Blogger learn to fly 2 said...

Thanks for a wonderful share. Your article has proved your hard work and experience you have got in this field. Brilliant .i love it reading.

At 12:20 AM, Anonymous medical coding service USA said...

The way of writing is excellent.I really hope you share more information on this topic.Thank you

At 12:24 AM, Anonymous voucher codes said...

Very impressive article.Your efforts are reflected in this post.that made more excellent./Thank you for sharing this.

At 12:52 PM, Blogger Maria Findo said...

Academic writing refers to a style of expression that researchers use to define the intellectual boundaries of their disciplines and their specific areas of expertise. is all about academic writing.


Post a Comment

<< Home