Criminal Justice Reform In the United States, the United Kingdom and Ireland Pre-Trial Detention and Post-Conviction Access to Legal Representation.

摘要

There is a serious problem in the US, UK, and Ireland with both lengthy pre-trial detention, which is often used to persuade guilty pleas, and access to legal aid while incarcerated, which is a barrier for justice in cases with new and or untested exonerating evidence. Societal pressures contribute to a legislative and law-enforcement culture that values convictions over justice, and results in systemic corruption. While this is partially a political culture problem, it can certainly be ameliorated with targeted legislation. The hypothesis is that differences in these countries' laws contribute to lengthy pre-trial detention and limit inmates' access to legal aid. This research compares the relative situations of the three countries using quantitative data, considers literature regarding the effect of caseload pressure on these outcomes, compares the relevant legislation and implementation thereof, and draws out conclusions and recommendations, all with the aim of suggesting potential improvements.