Paul D. Butler

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Poor People Lose: Gideon and the Critique of Rights

122 Yale L.J. 2176 (2013). A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon demonstrates this critique:...