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___ C THE ADVOCATE - - - . --- -____- - -. - -_ - -.. - .. -. - - a - __ - - --: - - - --.-- h ‘----a - - - --a----- .- -.-.- - &.... -. - .- - -=-;.:.. -_____ -g Illustration by Mike Reedy ANGER AND AGGRESSION Volume 12, Number 4 June, 1990 ,..,,.,............ .,. Release.........................,...............................................-.............. FROM THE EDITOR IN TillS iSSUE Anger and Aggression "Aggression influences lives as much as love and friendship, thought and inspira lion, or nutrition and sleep," according to FEATURES Michael McGuire, M.D. and Alfonso Tm, M.D. See Aggression, Chapter 3.4, Comprehensive Textbook of Psychiatry V 1989. One of Webster’s definitions for "... hostile, injurious, or aggression is RELATIONSHIP BETWEEN ANGER AND AGGRESSION ........44 destructive behavior or outlook especiafly THE when caused by frustration." DAVID R. STEELE, KENTON CO. ROSTER PD. .._....3 How is aggression linked to anger? How do anger and aggression explain criminal behavior? These important issues are ex RACE & FUNDING, LETTERS TO THE EDITOR __4 plored in an extraordinarily enlightening article by LaneVeltkaxnp, MSW andJohn DPA LEGISLATIVE FUNDING D. Ranseen, Ph.D. Law Schools and Public Defenders KENTUCKY’S 3 LAW SCHOOLS, INTERVIEW WITH DEANS........8 Whydo sofewlaw graduates desire public defender careers? How can law schools NATIONAL ASSOCIATION FOR PUBLIC INTEREST LAW...............12 help Kentucky’s public defender efforts? Kentucky’s 3 law school deans give us their thoughts this issue. KBA PUBLIC INTEREST LAW SECTION ....... .. ............-. DPA Funding NATIONAL LEGAL AID AND DEFENDER ASSOCIATION....,,.. 16 DPA has received additional funding but not nearly what it needs. Bill Jones, chair RACIAl. BIA.S .......... ................n,...... ................... ..... 18 of the Public Advocacy Commission, re lates thedetails. The 1990 Legislature has granted DPA substantially better starting ALTERNATIVE SENTENCING FUNDED BY LEGISLATURE............21 salaries, $21,600, which is up from $16,600. Yet, even with this verysubstan tial increase, our starting salary is the lowest of the 7 surrounding states. REGULAR COLUMNS TheAdvocate is abi-monthly publication othe DepartmentofPublicAdvocacy,auindcpcndeil agency withinthe Public Prutectionand Regula tion Cabinet for administrative purposes. West’s Review ... _._. ...... Opinions expressed in articles are those of the Post-Conviction: Campbell County Jail authors and do not necessarily reseaut the views of DPA. The Advocate welcomes cor Death Penalty: 1990 Legislation Execution of Mentally Retarded ... 30 respondence on subjects covered by it. If yon Disirict Court: Suspension of Driving Privileges ,..... .. ..........., 34 have an article our readers will find of iutcrcst, Sixth type a ihort outline or gencral description end Circuit............,..................................... send itto the attention ofthe Editor. Evidence: Kentucky’s New Evidence Code, Part 2 Edward C. Monahan, Editor 1984-Present Erwin W. Lewis, Editor 1978-1983 CrisBrown, ManagingEditor TRIAL TIPS Contributing Editors Unds K. West Barbara Holthaus Wests Renew Jwenl. Law Allison Conneuy Donna Boyce Po.t.Convlction 6th CiajkHighghla Man-Made Disaster: Robert Harris. ...........,,,.,....,..........................47 Neal Walk.r Ernie Lewis Habeas Corpus Reform ...... Death Penalty Plain View Dan Goyette Rob Riley Morgan County l’rison ... C, Ethics in the Trenches David Niehaus Dave Norat Cameras in the Courtroom .,.,,.,. ,............ Evidence Ask Conedions Ask Corrections ... ........ .... ......., Depsrtm.nt of Public Advocacy 1284 Louisvtle Road Frwikfoqt. Kentucky40601 502 564-8006 BOOK REVIEWS: Treatment of Psychiatric Disorders 58 FAX 4502564-3949 Kentucky Practice 61 Printed with Stat. Funds KRS 57.375 Legal Negotiations ...... ._........ .... 62 June l990iTheAdvocate 2 THE ADVOCATE FEATURES David R. Steele During all but a brief portion of the period several versions of the facts. It is impor MONEY/RESOURCES since his admission to the Kentucky bar in tant forthe attorney to explainto his client "necessary legal service chasing 1973, DavidRandSteele, a 1973 graduate of clearly what he’s charged with and what too littlefunding." theUniversity ofCincinnati School ofLaw, has the Commonwealth Attorney can put on beena roster public defender in Kenton Coon to prove his case. It is also important for the attorney to explain to the client, that Public Defender funding has been a sig Hetook sometimeawaywhenhe served as an he, as an officer of the court, has respon nificantandnewswoi-thyissueinNorthern Assistant Commonwealth Attorney1978-79- sibilites to the court, the law, and the sys Kentucky since the Gregory Wilson case. he ledtheMajor OffenderProgram operated temofjustice and isnot there to serve as The issue has not gone away, nor should wider a L.EAA Grant to prosecute career an accessory after the fact. it go away. criminal,.1n1978he worked asaspecialagent for the FBi. in theDetroitfield office. While attheBureau, he workedon2 separatesquads, Ihave been obligated in my role aspublic one dealing wilhHUDfraud andthe otherwith "While clients don’t always like defender to "advance" certainexpenses as public corruption. David left the Bureau what I have to tell them, they the need arises in a case, for example, to to’wardthe end oftheCarter administration. always know I am in their corner, obtain records. These "special expenses" fighting for them the best I can." are advanced by the office prior to billing. David approachescriminal defense work with the thoroughness he gave to the investigation of crime: as a Bureau Agent. Defense work is Disputes between lawyers andclients can Governmental officials and the public are particularty challenging when thecasegoes to most often be attributed to misunder unaware that those cash outlays get trial. The needfor sincere advocacy is great, standings because the lawyeris speaking prorated along with the usual billable but thorough investigation both ofthefactsand on one level and the client is under time. When the allotment is prorated and the law present the greatest opportunitiesfor standing on another. It is important to costs thathavealready beenadvanced also good results in a case. DavidfeeLsgood about strive to approach the same leveL Many get prorated, the funds received do little the work he and co-counsel. Ci. Victor of times before seeing client, make Florence,KYdidin thecase ofCommonwealth a I an more than cover the cost of incidental v. Cornwell. Excellent legal work was ac effort to investigate the facts inde expenses. complished in the face of adverse public pendently. opinion, adverse news coverage and courts mindful of both. There are substantial differences in the On a number of occasions, I have been Commonwealth’s resources versus those called upon to deal withclients that other Here’s some of David: thoughts on public available to the the defense. defender practice: lawyershavehad difficulty working. I can recall at leastone client thatIdon’t believe In Kenton County we have some 20+ CLIENTS anybody could have worked with, and I was no exception, despite the fact I was roster attorneys. Each pays his/her own doing evezything legally possible for his expenses- rent, malpractice insurance, The first thing a lawyer learns about ac equipment, staff, etc, and maintains a law cused citizensis that not uncommon- defense. With the exception of that one it is client, most clients are looking for some practice as welL The Office ofPublic Ad for them either to lie to you or to fail to degree of understanding as to the process vocacy does provide an investigator, but tell you all of the truth. An accused often the investigator is responsible to any operates onfear. Chiefly that fear is that if being confronted,the role of attorney the limitations of his services and what can public defender in the numerous counties they tell the truth, the attorneywill notbe he covers. nearly as ardent inhis advocacy. Perhaps be done within those confines for that this is human nature or perhaps a prior individual. lawyer was not asadversarial ashe should In contrast, the Commonwealth Attorney have been after the client was completely Thereis no substitute fortaking some time is salaried, has assistants/staff, and state candid. with the client to explain the situation facilities thus no overhead. For inves confronting theclient. While it is a burden tigative resources, inaddition to the detec to deal with some of the clients in the tives in their office, the Commonwealth Guilt or innocence is an issue best left to Attorney can call upon local law enforce the jury. What is important is what the public defender system, I’ve found if you treat them decently, they usually respond ment agencies and the Kentucky state Commonwealth can prove. A tougher police to investigate cases. problem occurs when the client gives inkind. June I99OtThe Advocate 3 to theEditor Letters Racism in Kentucky’s Justice System and Money for Indigent Resources Dear Mr. Monahan, My personal experience in the criminal And what does the attached study on justice system, and the knowledge Ihave Young Black Men in prison implicate? gained as a person working in the state See April, 1990 Advocate, pp. 11-14. I have always enjoyed reading The Advo defender office for 14 years, have led me cate whichispublishedby the Department to believe that the color of the skin of of PublicAdvocacy. However, I must say criminal defendants in this state does Our Chief Justice just March 14, 1990