Professor Smith writes and comments on criminal defense, the criminal justice system, criminal prosecution, legal ethics, and juvenile justice. Her scholarship has been cited in numerous opinions. In
State v. Citizen, The
Supreme Court of Louisiana cited her scholarship on indigent defendants' right to appointed counsel under
Gideon v. Wainwright.
Criminal defense Professor Smith writes about representing unpopular clients. She wrote an opinion article in
The Washington Post titled, "What motivates a lawyer to defend a
Tsarnaev, a Castro or a
Zimmerman?" Smith co-edited
How Can You Represent Those People? with
Monroe Freedman. In the book—a collection of essays—criminal defense lawyers and others share stories about how it feels to defend people accused of crimes ranging from the ordinary to the horrific. She discussed why lawyers defend monsters on
MSNBC. In
Too Much Heart and Not Enough Heat: The Short Life and Fractured Ego of the Empathic, Heroic Public Defender, Smith writes about how one can sustain a career in indigent criminal defense. In order to do this, Smith recommends respect for clients, passion for the professional craft of defense lawyering, and a sense of outrage about the system. Smith writes about two former Prettyman fellows who left indigent criminal defense. Smith rejects
Charles Ogletree's paradigm of public defenders as empathetic heroes. In
The Bounds of Zeal in Criminal Defense: Some Thoughts on Lynne Stewart, Smith discusses the conduct that led to
Lynne Stewart's prosecution and her approach to lawyering generally. Smith examines whether Stewart's view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering. Smith finds it troubling when the government criminally prosecutes members of the defense bar, especially when it goes after lawyers who represent unpopular clients. In
Can You Be a Good Person and a Good Prosecutor?, Smith examines the morality of prosecution. First, she explores the context of criminal lawyering at the millennium and what it means to prosecute under current conditions. ==Books==