DIMENSIONS OF QUALITY - AN ANALYSIS OF POLICIES AFFECTING THE RIGHT TO COUNSEL UNDER THE CRIMINAL JUSTICE ACT OF 1964

• NCJ Number: 56356
• Author(s): C M KERWIN
• Date Published: 1978
• Length: 269 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: SPECIAL PRICES FOR ACADEMIC INSTITUTIONS JOHNS HOPKINS UNIVERSITY - DOCTORAL DISSERTATION

Annotation

THE JUDICIARY'S IMPLEMENTATION OF A LAW PROVIDING RESOURCES TO ASSURE EFFECTIVE REPRESENTATION FOR INDIGENTS IN FEDERAL CRIMINAL PROCEEDINGS IS ANALYZED, WITH SPECIAL ATTENTION TO THE MARYLAND DISTRICT.

Abstract

THE JUDICIAL CONFERENCE OF THE UNITED STATES WAS RESPONSIBLE FOR IMPLEMENTING THE CRIMINAL JUSTICE ACT OF 1964, WHICH PROVIDED FUNDS TO IMPROVE THE QUALITY OF DEFENSE SERVICES FOR INDIGENTS BUT DID NOT ESTABLISH THE PUBLIC DEFENDER SYSTEM DESIRED BY THE JUDICIARY. THE INITIAL IMPLEMENTATION STRATEGY OF THE CONFERENCE WAS AIMED AT PROTECTING THE JUDICIARY FROM THE POTENTIALLY DISRUPTIVE EFFECTS OF THE ACT. THE STRATEGY CONSISTED OF CENTRALLY (AND TIGHTLY) CONTROLLED EXPENDITURES, A NATIONAL FRAMEWORK OF UNIFORM PROCEDURES, AND DELEGATION OF RESPONSIBILITY FOR THE QUALITY OF REPRESENTATION TO LOCAL (DISTRICT) COURTS. THE CONFERENCE'S FISCAL CONSERVATISM PROVED INCOMPATIBLE WITH LOCAL INNOVATION IN PROVIDING DEFENSE SERVICES FOR INDIGENTS. IN 1970 THE JUDICIARY SUCCESSFULLY PETITIONED CONGRESS FOR AMENDMENTS TO PROVIDE ADDITIONAL RESOURCES AND TO ESTABLISH A PUBLIC DEFENDER SYSTEM. AFTER CAREFULLY WEIGHING THEIR ALTERNATIVES UNDER THE 1970 AMENDMENTS, MARYLAND JUDGES SELECTED A LAWYER TO ESTABLISH A PUBLIC DEFENDER'S OFFICE FOR THE MARYLAND DISTRICT AND THEN CONSCIOUSLY AVOIDED INTERFERENCE WITH THE LAWYER'S EFFORTS. THE MARYLAND PUBLIC DEFENDER'S OFFICE, WHICH HAS EXPLICIT POLICIES MAINTAINING INDEPENDENCE FROM THE BENCH AND COMPETITIVENESS WITH THE PROSECUTION, HAS PROVIDED DEFENSE SERVICES OF CONSISTENTLY HIGH QUALITY TO INDIGENTS. THE ANALYSIS SUGGESTS SEVERAL CONCLUSIONS: (1) INITIALLY PROTECTIVE OF THE JUDICIARY'S STATUS, NATIONAL POLICIES REGARDING INDIGENT DEFENSE EVENTUALLY FOCUSED ON QUALITATIVE CHANGE; (2) JUDGES' ADMINISTRATIVE PRACTICES AND ATTITUDES ABOUT THE DEFENSE FUNCTION GREATLY AFFECT THE ABILITY OF PUBLIC DEFENSE SYSTEMS TO DELIVER EFFECTIVE SERVICES; (3) LOCAL COURTS CONTINUE TO SET STANDARDS OF QUALITY FOR INDIGENT REPRESENTATION; (4) IN MARYLAND THE IMPACT OF POVERTY ON THE RIGHT TO COUNSEL HAS BEEN NEUTRALIZED; AND (5) IMPLEMENTATION OF THE CRIMINAL JUSTICE ACT HAS BEEN A SUCCESS. A BIBLIOGRAPHY AND DISPOSITION DATA FROM THE MARYLAND DISTRICT ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)