Decriminalization of the Convicted: A Plea for More Effective Representation

The purpose of this Article is to acquaint the practitioner and general legal community with the means available to an attorney in providing complete and on-going representation to his convicted client. Although the post-conviction revolution has seen the adjudication of grave issues of the highest constitutional order, many times in the context of a class action, the need for effective presentation of the individual client is pressing. Additionally, there is an important role for counsel to fill as the client exits the correctional system and re-enters society. The focus will be upon two of the most common client needs: modification of orders of probation and mitigation of criminal records-in effect, the decriminalization of the convicted client. Despite the natural role of counsel in serving these needs, it is the premise of this Article that these areas are poorly understood and sorely neglected by counsel. Yet both are areas in which counsel can assist the client in obtaining significant judicial relief