NCJ Number
141846
Journal
Trial Volume: 29 Issue: 3 Dated: (March 1993) Pages: 47-48,50-51
Date Published
1993
Length
4 pages
Annotation
The three main issues that must be addressed if indigent defendants are to receive adequate defense services are adequate funding, the ever-increasing caseloads, and whether attorney performance is adequate.
Abstract
It is difficult to make generalizations about the quality of indigent defense systems due to the diversity of these systems and the varying responses of legislators, judges, and attorneys to the problem of delivering legal services to the poor. The four basic models for indigent defense services are public defender systems, assigned counsel systems, contract systems, and hybrid systems. Inadequate funding drives away some talented lawyers, impels others to urge quick plea bargains, and hinders efforts to obtain investigative or expert assistance. In addition, the pressure of heavy caseloads compels lawyers to devote insufficient time to each case. Furthermore, lawyer performance remains a concern. Some jurisdictions set performance standards, but these are goals rather than mandatory. The problem of ineffective counsel has been aggravated by United States Supreme Court decisions such as Strickland v. Washington, which establishes an extremely low threshold for lawyer competence and further requires a showing of prejudice even if incompetence is demonstrated. Efforts to address these issues should include lobbying for more funding, legislation to reclassify penal offenses, more use of diversion, and more training and continuing education for indigent defenders. 18 reference notes