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Confessions of a public defender

Confessions of a public defender. Gideon v. Wainwright (1963). Clara Shortridge Foltz. 1876 – 27 year old mother of 5 decides she wants to be a lawyer 1878 – Woman Lawyer’s Bill passed; Foltz passes the bar 1879 – Tried to go to Hastings 1890s – Advocated for public defender system.

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Confessions of a public defender

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  1. Confessions of a public defender

  2. Gideon v. Wainwright (1963)

  3. Clara Shortridge Foltz

  4. 1876 – 27 year old mother of 5 decides she wants to be a lawyer 1878 – Woman Lawyer’s Bill passed; Foltz passes the bar 1879 – Tried to go to Hastings 1890s – Advocated for public defender system

  5. 1914 – Los Angeles establishes the first public defender’s office • 1921 – California establishes statewide public defender system • 1930 – Ran for governor on women’s rights platform

  6. Trial preparation • Investigation • Legal research • Self-education on: • Forensics • DNA • Psychology/psychiatry

  7. Continuous communication with client • Trial strategy/tactics • Pretrial litigation • Jury selection

  8. Opening statement • Examination/cross-examination of witnesses • Making the record • Closing argument

  9. For capital litigation • Investigation of family history, client’s history, sociological issues, environmental issues, psychiatric issues, trauma issues, political issues, racial issues, gender issues, sexual issues, etc. • Self-education on the above, plus synergistic effects, epigenetics, advances in brain science, etc.

  10. Homelessness Calif. Seeks Solutions to Homeless Sex Offender Rate By Don Thompson, NBC Los Angeles Banished After passing a series of restrictive housing laws, Miami-Dade County faces an odd predicament: bands of nomadic sex offenders and a cat-and-mouse game to move them. By Beth Schwartzapfel and Emily Kassie, Marshall Project

  11. Voting rights

  12. Generational impact on children of incarcerated parents

  13. THE DEATH PENALTY

  14. August 23, 1927 • Execution of Sacco and Vanzetti

  15. June 19, 1953 • Execution of Julius and Ethel Rosenberg

  16. May 2, 1960 • Execution of Caryl Chessman

  17. August 13, 1964 • Last execution in Great Britain

  18. Furman v. Georgia (1972) 408 U.S. 238

  19. Gregg v. Georgia (1976) 428 U.S. 123

  20. January 17, 1977 • Execution of Gary Gilmore

  21. September 10, 1977 • Last execution in France

  22. Atkins v. Virginia (2002) 536 U.S. 304

  23. Ring v. Arizona (2002) 536 U.S. 584

  24. Wiggins v. Smith (2003) 539 U.S. 510

  25. Roper v. Simmons (2005) 543 U.S. 551

  26. January 17, 2006 • Execution of Clarence Ray Allen, last person executed in California.

  27. December 17, 2007 • New Jersey becomes first state in modern times to abolish death penalty

  28. December 18, 2007 • United Nations passes non-binding resolution calling on nations to impose moratorium on executions with view to abolishing death penalty

  29. March 19, 2009 • New Mexico abolishes the death penalty

  30. November 13, 2009 • Ohio changes its execution method to single drug protocol

  31. March 9, 2011 • Illinois abolishes the death penalty

  32. December 20, 2011 • European Union rules that companies cannot export drugs without first ensuring that they are not to be used in executions

  33. April 25, 2012 • Connecticut abolishes the death penalty

  34. May 2, 2013 • Maryland abolishes the death penalty

  35. Glossip v. Gross (2015) 576 U.S.___, 135 S.Ct. 2726

  36. August 2, 2016 • Delaware Supreme Court declares death penalty statute unconstitutional

  37. November 8, 2016 • California rejects Proposition 62, which would have abolished the death penalty • California adopted Proposition 66, which purports to speed up imposition of the death penalty

  38. October 11, 2018 • Washington Supreme Court declares death penalty unconstitutional

  39. March 13, 2019 • Governor Newsom declares moratorium on death penalty in California

  40. May 30, 2019 • New Hampshire abolishes the death penalty

  41. California’s death penalty law • Eligible crimes – special circumstances • Bifurcated trial • Guilt phase • Penalty phase • Aggravating factors • Mitigating factors • Unanimous verdict required • Retrials allowed

  42. Post-conviction Direct appeal (mandatory) State habeas corpus Federal habeas corpus

  43. Countries that carried out the most executions in 2018 • China 1000+ • Iran 253+ • Saudi Arabia 149 • Vietnam 85+ • Iraq 52+ • Egypt 43 • United States 25

  44. Executions by state, 2018 Texas 13 Tennessee 3 Alabama 2 Florida 2 Georgia 2

  45. Ohio 1 Nebraska 1 South Dakota 1 Total: 25

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