CRITERIA FOR MEASUREMENT OF DEFENDER OFFICE EFFECTIVENESS

• NCJ Number: 53963
• Author(s): G GOLDBERGER
• Date Published: 1977
• Length: 19 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE NATIONAL CONFERENCE ON CRIMINAL JUSTICE EVALUATION, WASHINGTON, DC, FEBRUARY 1977 - PANEL 18 MEASURING PERFORMANCE OF THE COURTS

Annotation

CRITERIA ARE DISCUSSED WHICH PROVIDE A STARTING POINT FOR THE MEASUREMENT OF DEFENDER OFFICE EFFECTIVENESS.

Abstract

BEFORE CRITERIA FOR EVALUATING A DEFENDER OFFICE ARE ESTABLISHED, THE REASONS FOR AN EVALUATION REQUEST SHOULD BE DETERMINED SO THAT EVALUATORS MAY BE CLEAR AS TO WHAT IS EXPECTED FROM THEIR WORK. INTERVIEWS WITH KEY OFFICIALS IN THE CRIMINAL JUSTICE SYSTEM, THE CLIENT COMMUNITY, AND OTHER LOCAL PERSONS INTERESTED IN DEFENSE SERVICES PROVIDE MEANS OF DETERMINING THE MOTIVES FOR THE EVALUATION REQUEST. IN ASSESSNG THE WORK OF THE DEFENDER OFFICE, PEOPLE IN THE FOLLOWING AREAS ARE SOURCES OF SUBJECTIVE PERCEPTIONS: CLIENT JUDICIARY, PRIVATE BAR, SPECIAL INTEREST GROUP, LAW ENFORCEMENT OFFICIALS, PROBATION DEPARTMENT, ELECTED OFFICIALS, PROSECUTORS, LOCAL NEWSPAPER, AND PUBLIC DEFENDER STAFF. SUGGESTED OBJECTIVE CRITERIA INCLUDE THE FOLLOWING: CASELOAD/ATTORNEY; TRIAL VERSUS PLEA RATE, CONVICTION RATE, RATIO OF ATTORNEYS TO SUPPORT STAFF, LAW LIBRARY RESOURCES, BRIEF BANK, AND STAFF MEETINGS. ANY CONTEMPLATED METHOD OF EVALUATING DEFENDER SERVICES SHOULD INVOLVE A CONSIDERATION OF TWO FACTORS: A DETERMINATION OF WHO IS BEING SERVED AND AN ASSESSMENT OF WHAT WORKS AND DOES NOT WORK, WITH EMPAHSIS UPON THE EFFECTIVENESS OF THE SERVICES PROVIDED. WHAT CONSTITUTES EFFECTIVE DEFENSE SERVICES CAN BE ASCERTAINED FROM SOURCES SUCH AS THE AMERICAN BAR ASSOCIATION'S STANDARDS FOR CRIMINAL JUSTICE, THE NATIONAL LEGAL AID AND DEFENDER ASSOCIATION'S STANDARDS FOR DEFENDER SERVICES, AND THE NATIONAL ADVISORY COMMISSION'S CRIMINAL JUSTICE STANDARDS AND GOALS. USING THESE SOURCES, THE FOLLOWING BASIC CRITERIA FOR AN EFFECTIVE DEFENSE SYSTEM ARE DISCUSSED: PROVIDING COUNSEL WITH EXPERTISE IN CRIMINAL PRACTICE; ASSURING DEFENDANTS IMMEDIATE ACCESS TO COUNSEL; PROVIDING COUNSEL WITH INVESTIGATIVE AND OTHER SUPPORT CAPABILITIES; MONITORING ATTORNEY PERFORMANCE; ASSURING PROFESSIONAL INDEPENDENCE OF DEFENSE COUNSEL; APPLYING FAIR STANDARDS FOR DETERMINING INDIGENCY; PROVIDING EQUITABLE COMPENSATION FOR ATTORNEY TIME; ASSURING WIDESPREAD INVOLVEMENT OF THE PRIVATE BAR; AND RESOLVING CONFLICT OF INTEREST SITUATIONS. (RCB)