Joshua Starling

November 1, 2016

Annotated Source List

The Associated Press. (2016, September 20). Defense attorneys Black Lives Matter pin sparks
protest in Vegas. CBS News. Retrieved from
http://www.cbsnews.com/news/defense-attorneys-black-lives-matter-pin-sparks-protestin-vegas-court/
Summary:
In this article from CBS News, a defense attorney sparks protest after a judge asks her to
take her Black Lives Matter pin off in court. Clark County Judge Douglas Herndon stated,
Im asking the same thing of defense attorneys that I ask of anybody else, also adding, Please
leave any kind of political or opinion protest statements outside the courtroom, in relation to the
event and his requesting of the removal of Erika Ballous pin. Other attorneys who are also a part
of the movement were on the side of Ballou and promised to where similar badges again. The
entirety of the event seemed unfair, especially considering when the death of a cop occurred the
district attorneys were allowed to wear a black band in solidarity with the police department.
Some defend the judge however, repeating that the job of the judge is to keep up the decorum of
the court. Ballou does believe that her use of the badge is not a problem since it is not hate
speech of any sort only used to show solidarity.
Application to Research:
I will construct this research to show what people believe the morals of defense attorneys
do to the decorum of the courtroom and how they can affect other persons or their clients within
the courtroom.
Benforado, A. (2015, June 14). Flawed humans, flawed justice. New York Times. Retrieved from
http://sks.sirs.com/webapp/article?artno=0000372893&type=ART.
Summary:
This specific newspaper article, also published by the New York Times, focuses on the
criminal justice process, and how it has negatively affected the outcomes and cases and the
persons a part of them. The author begins their argument by stating, Our justice system must be
reconstructed upon scientific fact (Benforado, 2015). They then go on to list the most popular
sources of evidence to determine if someone is guilty or not. Eyewitness accounts cannot always
be trusted because persons who may be confused or feel pressured to choose someone
immediately incorrectly choose in many police lineups. Body language is ineffective because
people often feel nervous or pressured when being interrogated. DNA analysis has also been
tampered with as a study showed that many forensic DNA matches come after the analyst knows
whether or not the police believe they are guilty or not. Human nature has also played a role
since whenever a person of color is shot the shooter is usually considered a racist or bigot (most
actually have to do with popular stereotypes and not racism) and it plays into the verdicts of
juries. People also see judges as unbiased, though all morals and unconscious desires can play a
role in cases. The article also presents ways to fix it such as removing any information about the
case from analysts or the police who are present in a lineup. Positioning of security cameras in
interrogation rooms and the training of police also came up as solutions. The author ends on the

same note they began with as they state, The road to a more perfect system is accepting a model
of ourselves that is less perfect (Benforado, 2015)
Application to Research:
This article really gives a more in-depth view of the problems within our court systems.
This idea of judges not being moral or juries preferring their own beliefs to the law could
strongly boost my evidence on my question about the morals of the persons in a court and the
outcomes of the cases.
Carroll, R., & Hattenstone, S. (2014, June 27). Defending the indefensible? Lawyers on
representing clients accused of nightmarish crimes. The Guardian. Retrieved from
https://www.theguardian.com/law/2014/jun/27/lawyers-defended-toughest-cases-charlesmanson-jon-venables-ted-bundy-charles-ng
Summary:
This article, featured on the Guardian, surrounds well-known criminal cases and their
morals. The cases of Charles Manson, Ted Bundy, Charles Ng, and Jon Venables are all focused
on in this article with interviews from the defense attorneys appearing as well. John Henry
Browne, who defended both Bobby Bales and Ted Bundy, stated, The work is hard to shake off.
You start looking at the world through dirty windows (Carrol & Hattenstone, 2014). While
defending these clients he shows that he has compassion most of the time, but at other times
especially when Ted Bundy was involvedthe compassion dissolved into a business-only
relationship where only evil lived. Irving Kanarek, represented Charles Manson, didnt believe
his morals should affect the cases that he is working on. He believed that the job was his job and
that his views shouldnt get in the way. He does, however, understand that murder is wrong and
hates it, but not his clients who do it. Laurence Lee, who represented Jon Venables, was affected
a lot more personally by the case. He had nightmares and other saddening and very emotional
moments but never let it get in the way of his defense. William Kelley, who represented Charles
Ng, had a very serious demeanor in court and as a whole. He did not believe that emotions or
opinions were important. He actually is very serious and has a work ethic that allows him to do
his job without being too emotionally involved. Overall, this article shows how different people
react to murder cases and how they get through it.
Application to Research:
I can definitely use this research as a show of how lawyers react in situations. I can use the
difference between views to show how differing morals can affect the outcomes of cases.
Deborah, R. L. (2005). Pro bono in principle and in practice: Public service and the professions.
Palo Alto, CA: Stanford University Press.
Summary:
This book on the practice of practicing law pro bono publico, analyzes the problems
and strengths of the system. Deborah goes into how the Bar association worships lawyers for pro
bono work for menial tasks such as giving service to family or other persons in which payment is
not expected or required. Their charity work is also the bare minimum and all lawyers may not
even participate in charity. Lawyers who also participate in volunteer work are also praised by
the bar association. Deborah describes the activity as persons who had, sacrificed a few hours of
golf or shopping in order to pick up trash in a local riverside park (Deborah, 2005, p. 2). She
then describes the volunteer event stating that, the project reflected no ongoing commitment to
environmental causes; the cleanup occurred only every other year when the bar met at that

location. The book then goes into talking about how even though our country has the highest
concentration of lawyers, many of the legal needs of the poor are still not met by legal
professionals. Without private lawyers willing to fill more of these gaps, millions of critical
legal needs will go unaddressed (p. 3).
Application to Research:
I finally get more views on pro bono attorneys. This practice seems relatively simple,
help and are not paid, but it is very complex. It shows that pro bono in name may not be pro
bono in practice. This definitely pokes a hole in a seemingly perfect practice of law. This will
allows me to analyze deeply, all three types of representation described.
Gass, H. (2016, August 11). Why poor defendants face an uphill battle at Supreme Court--and
how to fix it. Christian Science Monitor. Retrieved from
http://sks.sirs.com/webapp/article?artno=0000385321&type=ART
Summary:
In this article by Henry Gass, the ability of criminal defense attorneys to effectively
present cases to the Supreme Court against people who are experienced Supreme Court attorneys
or have been in the Supreme Court before. Not only is it about experience, it is about how it
affects indigent clients who cannot afford experienced lawyers. It also comes into the ignorance
of the defense attorneys who believe that this case will thrust them into the spotlight instead of
handing it over to a professional who could successfully. Inexperienced defenders also have a
higher chance of getting their case thrown out or rejected by the Supreme Court completely.
Supreme Court Justices also want these crazy or controversial cases and if indigent persons have
representation that can get these cases to the Supreme Court it could be a step towards fixing
what is wrong our justice system today. The article ends by talking of how people should look
towards reforming the Supreme Court defense system due to it being practical that people will
support giving poor people defense at a reasonable cost.
Application to Research:
This gives another perspective: the perspective of indigent defendants who forced to take
representation from the government, get ill-equipped professionals. This will boost the credibility
of my source and I hope will reduce bias as views from many sides express their views within
my writings. This also coincides with my hypothesis. This entire article is a great addition to
both my paper and my hypothesis and is going to make it it much stronger of an argument.
Gerber, M. (2016, March 23). L.A. County judge disciplined over treatment of defense attorney.
L.A. Times. Retrieved from
http://www.latimes.com/local/lanow/la-me-ln-judge-disciplined-20160323-story.html
Summary:
The article from the L.A. Times focuses on a conflict between Freddie Fletcher, a defense
attorney, and Judge Patrick E. Connolly. The Commission on Judicial Performance concluded
that Connolly violated the respect between a defense attorney and judge. After Fletcher reported
that a person within the audience noticed cues from the prosecutor to the witness in relation to
what the witness was saying. The judge threatened Fletcher with the possibility of throwing him
in contempt if he was lying. However, the commission believed it was improper for the judge to
later converse with another judge on another case that Fletcher where involved. The commission
believed that it showed biased behavior against Fletcher. The judge also continued to call
Fletcher to court, which caused Fletchers appearance without the judge calling him into

contempt. Fletcher believed that what the commission did was fair, though he did not personally
file any complaints against Connolly. Fletcher stated on the matter, [the admonishment]
vindicates my decision to not file a complaint against Judge Connolly and to rely on my faith
that his abuse of authority would be exposed and meet the consequences it deserves. Connollys
actions called for disciplinary actions in the past, for using profanity.
Application to Research:
I will use this article to show bias against defense attorneys. I can connect this article to the
outcomes of the cases of the defense and the defendants involved.
Ginsburg. R. B. (2001, January). In pursuit of the public good: Access to justice in the United
States. Washington University Journal of Law & Policy, 8. Retrieved from
http://openscholarship.wustl.edu/cgi/viewcontent.cgi?
article=1534&context=law_journal_law_policy
Summary:
This scholarly article by Supreme Court Justice Ruth Bader Ginsburg focuses on the social
and constitutional responsibility of lawyers who represent poor people. Ginsburg speaks on the
moral obligations and moral positioning of lawyers who defend those who are without
representation or without the funds to afford private attorneys. Another main portion of the
article focuses on both the inspiring and dispiriting aspects (Ginsburg, 2001) of these types of
attorneys. In the abstract Ginsburg states, The legal profession has among its practitioners brave
men and women who strive to change that [negative] perception, jurists devoted to, and at work
for, the public goodpeople who are the best of lawyers and judges, the most dedicated, the
least selfish (2001). The article then goes into the constitutional right, supported by the Supreme
Court, that everyone has the right to equal justice in the court of law and that these public
defenders show the best interpretation of that constitutional right in relation to representation and
courtrooms.
Application to Research:
The use of this article can be an overarching view of the entire subject. Justice Ginsburg
gives her idea on what lawyers are supposed to do because of what their responsibility is. It will
fit into the introduction to introduce what lawyers should do as well as their motivations.
Kaminer, A. (2014, November 19). New factor in campus sexual assault cases: Counsel for the
accused. Retrieved from
http://www.nytimes.com/2014/11/20/nyregion/new-factor-in-campus-sexual-assaultcases-counsel-for-the-accused.html?_r=0
Summary:
This article by The New York Times takes a more in-depth look at the defense attorney's
perspective in cases of sexual assault as it relates to female victims and suspected male
assaulters. Defense attorneys are now questioning the bias of sexual assault cases and how they
may more likely than not favor female victims without giving any thought to the stories and
abilities of the suspected male assaulters. Females in the past have argued that there are system
biases against the accusers and that those investigators lacked training. Now these defense
attorneys are arguing for men that inadequate training is still true but that there are biased laws
against men. Legislation introducing the idea of accusers as victims wipes away the ability of
trials to convict during actual sexual offenses. The article states that while beneficial, defense
attorneys often take a poor approach to the solutions of this issue. While a safe approach would

be more appropriate, some lawyers believe that too many lawyers would rather scream about
irrelevant subjects than focus on defending their client. Overall, the article says that the goal of
the fighting is at least to make sure that false accusations do not leave permanent marks on the
records of the male students. In summary, defense attorneys believe in defending those accused
of sexual assault because they treat men unfairly.
Application to Research:
This article will add to the idea of morals with defense attorneys. The defense attorneys
believe in something and now they are starting organizations and acting in accordance to what
they believe. This can even be to the risk of others emotions and the acceptation of a certain
status quo.
Peng, T. (2015, September 3). Im a public defender. Its impossible for me to do a good job
representing my clients. The Washington Post. Retrieved from
https://www.washingtonpost.com/opinions/our-public-defender-system-isnt-just-broken-its-unconstitutional/2015/09/03/aadf2b6c-519b-11e5-9812-92d5948a40f8_story.html?
utm_term=.ffa491a2e469
Summary:
In this Washington Post article, the problems of public defenders and the resulting effects
on their clients. In New Orleans, there are people worked thin by cases piling up on them. Public
defenders wish to aid people who they believe are experiencing injustice, but problems within
their department of justice have no outstanding opposition like problems with police. The author,
Tina Peng, talks of her experience and her struggle:
An unconditionally high caseload means that I often see my new clients only once
in those two months. It means that I miss filing important motions, that I am
unable to properly prepare for every trial, that I have serious conversations about
plea bargains with my clients in open court because I did not spend enough time
conducting confidential visits with them in jail. (Peng, 2015)
The article goes on to state that without help being given to public defenders, the state that
Americas justice system is in will not get better, regardless of older laws applied to fix the issue.
Application to Research:
With my new topic surrounding types of representation, this entire article highlighting the
issues with public defenders, how they are treated, and then treat their clients, it can be an
important asset in my paper.
Savage D. G, (2016, August 26). U.S. lawyers take aim at money bail. Los Angeles Times.
Retrieved from http://sks.sirs.com/webapp/article?artno=0000385404&type=ART
Summary:
In this article by the Los Angeles Times, lawyers are beginning to see issues with the
current monetary bail placed on new arrestees. The argument, put in place by civil rights
lawyers, states that the monetary bail system discriminates against the poor who are not able to
post bail. According to the Southern Center for Human Rights in Atlanta, Every day, about
450,000 people are held under arrest in city and county jails because they cannot afford bail (as
cited in Savage, 2016). This all spewed when a disabled man, Maurice Walker, was arrested and
imprisoned for six days because he could not afford the bail. Though lawyers believe the
monetary bail should be destroyed, they do believe that judges should continue to have the right
to detain persons that they believe are a danger to society. The Justice Systems participation in

fighting against the monetary bail came in when it was shown that impoverished people in
Missouri had been trapped in fees. Other cases, such as Sandra Blands has arisen since the
debate has started. Blands inability to pay debt led to her death, by reported suicide, within jail.
Calhoun, Ga. implemented policy that gave persons arrested a trial within 48 hours, but it was
ruled unconstitutional by federal judge who stated it was wrong to keep people over the weekend
for not being able to afford bail. The other side believes that bail is a way to ensure people
appear in court and maintain order in the community. The opposing party believes that lowering
bail in general is a more plausible solution to this cause.
Application to Research:
This article can help with showing what attorneys believe on certain matters. This matter in
specifically can show how discrimination affects those who are accused of crime.
Sunne, S. (2014, May 29). Why your right to a public defender may come with a fee. NPR.
Retrieved from
http://www.npr.org/2014/05/29/316735545/why-your-right-to-a-public-defender-maycome-with-a-fee
Summary:
In this article by NPR, the focus is the issue of underfunding and overworking public
defenders. In 2007 and 2012, public defenders began to refuse cases. While some believed the
defenders actions were unconstitutional, the public defenders believe that ineffective council due
to overworking them is just as unconstitutional. Other defenders attempt to put in petitions that
will force them to stop assigning so many cases to public defender offices. Public defenders
often cannot to turn down cases while private attorneys and prosecutors can. This leads to a
multitude of cases that lead to the defenders becoming stressed, and ineffective. The Department
of Justice even stated that the public defenders should have the right to deny cases. Firings occur
often since budget cuts is also a problem for public defenders. The article, in a quote given by
Derwyn Bunton describes the situation stating, Reduced resources and an ever-growing system
of criminal law have conspired to put public defenders in the worst position they have been in
history.
Application to Research:
Similarly, to the other article, this article focuses on public defenders and ineffective
council. Incorporation can be included as an unconstitutional effect of public defenders.
TEDx Talks. (2015, May 8). Building a new generation of public defenders | Johnathan Rapping |
TEDxAtlanta [Video file]. Retrieved From
https://www.youtube.com/watch?
v=w-j20aGs6uU
Summary:
In this TEDx Talks YouTube video Johnathan Rapping, a public defender, speaks on the
issues with legal representation and how are needed at this time. In the video he references
multiple moments where he has seen men convicted of crimes go unrepresented and watched as
attorneys ignored the issue and judges acted emotionless towards the issue. Rapping also brings
up issues with incarceration and that lawyers should act indiscriminately when representing
anyone. He states that 2.2 million people in America go through incarceration and digs deeper
into the treatment of these prisoners as less than normal citizens. Rapping then goes into the
issues of indifference and how eventually we begin to ignore these problems and see people who
we consider less than us as below us and ignore them completely. Gideon V. Wainwright

emphasized the necessity of council as a requirement, cited as a big change in our system.
However, he also states that indifference is also a public defender problem that he and his
colleagues, who have covered 8,000 cases in a year, continuously work towards fixing.
Application to Research:
This video gives a very generalized and well-known opinion. That opinion is that public
defenders are necessary. This will be good for a conclusion or a listing of reasons that support the
use of public defenders from an actual public defender. This also lightly references issues with
other types of lawyers, which will show issues with all types of representation.
Totenberg, N. (2015, November 2). Supreme Court takes on racial discrimination in jury
selection [Newsgroup post]. Retrieved from
http://www.npr.org/2015/11/02/452898470/supreme-court-takes-on-racial-discriminationin-jury-selection
Summary:
This article from NPR goes over the issue of discrimination within courtrooms,
specifically regarding jury selection. Many prosecutors and Supreme Court judges are now
noticing a trend in the use of the prosecutors peremptory against African-Americans during jury
selection. This spawns from a trial in 1987 where Timothy Foster was sentenced to death for the
death of an older white woman in Georgia. In this trial Fosters lawyers believe black persons
were systematically removed from the jury. The court system allowed for peremptory strikes, but
then added the need to add a reason if the defense believes the prosecutions selection shows
racial bias. However, prosecutors found loopholes to make sure that their reasons held up in
court, though they hid the true racial discrimination. Research has shown that this selection is
likely due to the low rates of death penalty convictions when black Americans are involved on
juries. During the Foster case the prosecutors came up with excuses to keep blacks out of the jury
and also marked the list of black jurors with Bs to signify their race. The Supreme Court, who is
planning to take actions against racial discrimination, will face a strong opposition whom of
which is against the changing of preemptive strikes condemned this action.
Application to Research:
This research, similar to other articles collected, I will use to determine the extent to
which discrimination reaches the courtroom and its parts. This includes jurors, defense attorneys,
prosecutors, and judges. It also fits into the idea of morals and how they affect roles in
courtrooms.
Weiser, B. (2016, August 8). Jury trials vanish, and justice is served behind closed doors. New
York Times. Retrieved from http://sks.sirs.com/webapp/article?
artno=0000384788&type=ART.
Summary:
This newspaper article looks at the natural decline in trials by jury. Within courtrooms,
more trials are not using the jury system as often as they had in American history. It is a right in
the Constitution but there have been natural deterrence in the use of these trials. The first being
that there is a natural fear of a worse charge during an actual jury trial when there is a plea
beforehand. This is caused by congressional sentencing guidelines and minimum sentences for
crimes. This gives the power to the prosecutor and weakens the abilities of a defendant within a
courtroom, before or during a trial by jury. The author, Benjamin Weiser (2016) states that, The
hallowed jury trial is a right enshrined in the Constitution and immortalized in American

Culture. This natural decline and deterrence goes against the rights of American citizens in a
court of law but also hurts the workers in a court. Young lawyers looking to get ahead can rarely
sit in courtrooms due to the lack of trials by jury as a whole. Stenographers are also affected by
the low amount of courtroom cases because they are paid on commission and no longer can be
paid if there are no cases to make transcripts of. Overall, the natural decline in jury trials not only
affects the defendants, who feel as if there are no other options, but also the economy and income
of courtroom officials.
Application to Research:
This article as a whole will really help me embolden the idea of the people rights in a
courtroom the affects! The New York Times itself has many articles related to changes in law, but
still have to question the reliability of the Times as a source.