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Criminal Law & Procedure

Public Defenders and Client Choice - Podcast

Criminal Law & Procedure Practice Group Podcast
James D. Bethke, Stephen J. Schulhofer, Tim Lynch December 19, 2014

In 1963, the Supreme Court ruled that indigent persons accused of crimes must be provided with an attorney. The Court, however, did not specify how those attorneys should be financed. The public defender model is, of course, the most familiar model that has arisen. Texas is about to start something new--a pilot program involving defense vouchers. Like the school voucher concept, the idea is to replicate, so far as possible, a free market for defense services. By giving the person with the most at stake more say in choosing the attorney who will defend his reputation and liberty, will vouchers produce gains for both the defendant and the public at large?

  • James D. Bethke, Executive Director, Texas Indigent Defense Commission
  • Prof. Stephen J. Schulhofer, Robert B. McKay Professor of Law, New York University Law School
  • Moderator: Tim Lynch, Director, Project on Criminal Justice, Cato Institute

Immigration and the States - Podcast

Criminal Law & Procedure Practice Group Podcast
Peter K. Nunez, Margaret D. Stock, Brian M. Fish December 19, 2014

Immigration law and enforcement have been on the front pages for the last several years, and that shows no signs of changing. One aspect to our national debate on immigration that hasn't received as much attention as it should is the effect that the several states can have on the issue. Through its policing powers and criminal sentencing guidelines, a state can influence who the federal immigration authorities can remove from the country. Our experts discussed the important constitutional issues that these trends present.

  • Peter K. Nunez, Chairman, Center for Immigration Studies Board of Directors
  • Margaret D. Stock, Counsel to the Firm, Cascadia Cross-Border Law
  • Moderator: Brian M. Fish, Member, Federalist Society Criminal Law & Procedure Practice Group Executive Committee