Abstract
In 1983, I published “Defending the Guilty,” 1 a piece that lives on in citations and classrooms. Perhaps it’s the provocative title, or the story of Geraldine, the essential client, that has made the article popular. For this volume, I’ve spruced up the diction and added some reflections from the life of Clara Foltz, the founder of the public defender movement. The chapter also draws on my memoir-in-progress, Recollections of a Woman Lawyer.
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Notes
Barbara Allen Babcock, “Defending the Guilty,” Cleveland State Law Review 32 (1983–1984). 175.
Edward Bennett Williams, One Man’s Freedom (Atheneum: New York, 1962), 12–13.
For more on the debate between John and me, see Barbara Allen Babcock, “The Duty to Defend,” Yale Law Journal 114 (2005): 1489.
“Oral History of Barbara Babcock,” by LaDoris Cordell, ABA Commission on Women in the Profession, February 8, 2006, http://www.americanbar.org/content/dam/aba/directories/women_trailblazers/babcock_interview_4.authcheckdam.pdf.
Anthony Lewis, Gideon’s Trumpet (New York: Random House, 1964), 205.
Clara Foltz, “Public Defenders,” (lecture, Congress on Jurisprudence and Law Reform, Chicago World’s Fair, 1893) in Albany Law Journal 48 (1893).
Clarence Darrow, The Story of My Life (New York: Da Capo Press, 1996), 75–76.
Barbara Babcock and Ticien Sassoubre, “Deliberation in 12 Angry Men,” Chicago-Kent Law Review 82 (2007) (commentary on the workings of the jury).
W. William Hodes, “Rethinking the Way Law Is Taught: Can We Improve Lawyer Professionalism by Teaching Hired Guns to Aim Better?” Kentucky Law Journal 87 (1999): 1050 (describing the talk at Indiana on September 29, 1997).
See, for example, Barbara Allen Babcock, “In Defense of the Criminal Jury,” in Postmortem: The O. J. Simpson Case, ed. Jeffrey Abramson (New York: Basic Books, 1996) (drawing on articles I wrote during the trial for the LA Times);
Barbara Allen Babcock, “Protect the Jury System, Judge was the Problem,” Los Angeles Times, October 8, 1995, http://articles.latimes.com/1995–10–08/opinion/op-54586_1_jury-system.
Barbara Allen Babcock, “Inventing the Public Defender,” American Criminal Law Review 43 (2006);
Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union, 2nd ed. (Boston: Little, Brown, and Company, 1871).
Monroe H. Freedman and Abbe Smith, Understanding Lawyers’ Ethics, 4th ed. (New Providence, NJ: LexisNexis, 2010). Both have written many articles on aspects of zealous representation. Monroe Freedman’s 1966 article was the first modern treatment of the issues and laid the foundation for the debate that followed.
Monroe H. Freedman, “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions,” Michigan Law Review 64 (1966).
William H. Simon, “The Ethics of Criminal Defense,” Michigan Law Review 91 (1993).
Barbara Allen Babcock, “Taking the Stand,” William and Mary Law Review 35 (1993): 1–19.
Norman Lefstein, Securing Reasonable Caseloads, Ethics and Law in Public Defense (Chicago: American Bar Association, 2011), http://www.americanbar.org/content/dam/aba/publications/books/ls_sclaid_def_securing_reasonable_caseloads.authcheckdam.pdf (documenting the dire condition of public defense, and calling the profession to action).
Richard A. Posner, The Problematics of Moral and Legal Theory (Cambridge, MA: Harvard University Press, 1999), 163–164.
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© 2013 Abbe Smith and Monroe H. Freedman
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Babcock, B. (2013). “Defending the Guilty” After 30 Years. In: Smith, A., Freedman, M.H. (eds) How Can You Represent Those People?. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137311955_1
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DOI: https://doi.org/10.1057/9781137311955_1
Publisher Name: Palgrave Macmillan, New York
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