ACCOUNT OF A FIELD STUDY IN A RURAL AREA OF THE REPRESENTATION OF INDIGENTS ACCUSED OF CRIME

• NCJ Number: 60497
• Journal: Columbia Law Review Volume: 59 Issue: 4 Dated: (APRIL 1959) Pages: 551-583
• Author(s): B F WILLCOX; E J BLOUSTEIN
• Date Published: 1959
• Length: 33 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THIS STUDY DESCRIBES AND EVALUATES THE SYSTEM OF ASSIGNING COUNSEL TO INDIGENT CLIENTS IN TOMPKINS COUNTY AND ITS COUNTY SEAT, ITHACA, IN RURAL CENTRAL NEW YORK STATE.

Abstract

CONDUCTED PRIMARILY DURING THE LAST 3 MONTHS OF 1956 AND THE FIRST 3 MONTHS OF 1957, THE INVESTIGATION USED CONFERENCES, OBSERVATION, STUDY OF COURT RECORDS, AND QUESTIONNAIRES. JUDGES, JUSTICES, LAWYERS, PROSECUTORS, AND OTHER OFFICIALS WHOSE WORK GAVE THEM KNOWLEDGE OF HOW THE ASSIGNED-COUNSEL SYSTEM ACTUALLY FUNCTIONED WERE CONSULTED. A QUESTIONNAIRE SURVEY ELICITED A 72 PERCENT RESPONSE RATE (87 RETURNS) FROM LOCAL BAR MEMBERS. THE SURVEY QUESTIONS AND RESPONSES TO THEM ARE LISTED IN THE FIRST APPENDIX. THE DATA REFUTES THE POPULAR BELIEF THAT THE SMALL-TOWN LAWYER IS MORE PUBLIC-SPIRITED THAN HIS URBAN COUNTERPART; THE ECONOMICS OF THE PROFESSION ARE SIMILAR IN RURAL AREAS AND CITIES. THE JUDICIARY AND PROSECUTING OFFICIALS WERE FOUND TO BE QUITE FAIR; HOWEVER, MAJOR DEFECTS OF THE PRESENT SYSTEM INCLUDE THE FACT THAT THE PROSECUTORS AND POLICE MAKE ERRONEOUS CHARGES AND ARE NOT SUFFICIENTLY SOLICITOUS OF THE ACCUSED PERSON'S RIGHTS. FURTHERMORE, MOST OF THE JUSTICES HAVE NO LEGAL TRAINING. THE MAJORITY OF INDIGENT CASES ARE ASSIGNED TO YOUNG, LESS SKILLED LAWYERS WHO ARE RELUCTANT TO SPEND ADEQUATE FUNDS TO DEFEND THIS TYPE OF CLIENT. A TOLERABLE MINIMUM STANDARD MUST BE ESTABLISHED TO ENSURE EFFECTIVE LEGAL COUNSEL FOR ANY INDIGENT ACCUSED OF A SERIOUS MISDEMEANOR OR FELONY. IN THE CASE OF FELONIES, ASSIGNED COUNSEL SHOULD BEGIN EARLIER IN THE PROCEEDINGS THAN AT PRESENT. ASSIGNED COUNSEL SHOULD BE ALLOWED ALL REASONABLE EXPENSES IN PREPARING THE DEFENSE, AND REASONABLE FEES SHOULD BE PAID BY TOMPKINS COUNTY FOR LEGAL SERVICES PERFORMED BY ASSIGNED COUNSEL. THE COMPONENTS OF A DESIRABLE STANDARD ALSO ARE DISCUSSED. REFERENCE NOTES ARE INCLUDED, AND EXTENSIVE QUESTIONNAIRE DATA ARE APPENDED.