CRIM 2652 Lecture Notes - Lecture 4: Pro Bono
Document Summary
The yale kamisar/1965 article stated the problem clearly. Argued there was a two-tier system within the criminal justice system. In the courts, the law is designed to protect the accused by providing him all the necessary tools to defend himself in a court of law. He is given a lawyer to assist him during cross-examination by not allowing the prosecution to intimidate him, trick or coerce him into making a confession. In this manner, the court protected him from self- criminalization. This is done to protect fifth amendment rights. However, kamisar says the same protection is not afforded to the accused when. This makes the protection useless in court as the confession makes him in police custody. instantly guilty. At the time of his trial, he had been implicated in a number of rapes and robberies. However, his lawyers weren"t worried because the case was pushed forward as a.
