NCJ Number
41494
Date Published
1976
Length
572 pages
Annotation
THIS REPORT PROVIDES PRACTICAL ASSISTANCE TO DEFENDERS WHO ADMINISTER DELIVERY SYSTEMS ON A DAILY BASIS AND TO THE JUDGES, LEGISLATORS, PLANNERS, ETC. INVOLVED IN IMPROVING EXISTING SYSTEMS OR ESTABLISHING NEW ONES.
Abstract
THE REPORT IS INTENDED NOT AS A SET OF STANDARDS, BUT RATHER AS DETAILED GUIDELINES FOR PRACTICAL USE IN DESIGNING EFFECTIVE DELIVERY SYSTEMS. IN ADDITION, IT SERVES AS A RESOURCE OF DESCRIPTIVE MATERIAL PERTAINING TO TODAY'S SYSTEMS FOR THE DEFENSE OF THE POOR AND AS A REFERENCE WORK FOR FUTURE SCHOLARS. THE REPORT IS DIVIDED INTO SIX MAJOR PARTS. PART ONE INCLUDES THE METHODOLOGY OF THE PLANNING AND WORK WHICH WENT INTO THE PREPARATION OF THIS REPORT. PART TWO DISCUSSES PROBLEMS WHICH RELATE TO THE AVAILABILITY OR UNAVAILABILITY OF REPRESENTATION. THE PRACTICAL ASPECTS OF HOW ELIGIBILITY IS DETERMINED AND WHAT THE CLIENT'S RESPONSIBILITY FOR PAYMENT OR REPAYMENT OF COSTS MAY BE ARE ALSO DISCUSSED. PART THREE DEALS WITH QUESTIONS RELATING TO THE VARIOUS TYPES OF DEFENSE SYSTEMS INCLUDING PUBLIC AND PRIVATE DEFENDER SYSTEMS, COORDINATED ASSIGNED COUNSEL PROGRAMS, AND THE AD HOC APPROACH OF COURT APPOINTMENT OF ASSIGNED COUNSEL. PARTICULARLY USEFUL TO THE PLANNER OR FUNDING AGENCY WHICH SEEKS TO KNOW THE COST OF PROVIDING COUNSEL, PART FOUR DEALS WITH THE VARIOUS ASPECTS OF A DEFENDER OR ASSIGNED COUNSEL BUDGET. PART FIVE DESCRIBES HOW THE PARTICULARIZED NEEDS OF DIVERSE TYPES OF DEFENDER PROGRAMS VARY, FOCUSING ON HOW THOSE DIFFERENCES INFLUENCE BOTH SYSTEM COSTS AND PRACTICAL OPERATIONS. THE FINAL SECTION OF THE REPORT, PART SIX, DEALS DIRECTLY WITH THE INTERNAL OPERATIONS OF DEFENDER AND ASSIGNED COUNSEL PROGRAMS, HONING IN ON THE MORE SPECIFIC QUESTION OF HOW TO DETERMINE THE NUMBER OF CASES AN ATTORNEY IN A DEFENDER OFFICE SHOULD BE HANDLING AT ANY GIVEN POINT IN TIME AND WHAT TO DO WHEN THE OFFICE CASELOAD BECOMES EXCESSIVE. THE FORMAT OF EACH OF THE 26 CHAPTERS IS THE SAME - A GENERAL DISCUSSION OF THE TOPIC, ONE OR MORE BLACK LETTER RECOMMENDATIONS REPRESENTING THE CONCLUSIONS DRAWN BY THE STUDY COMMISSION, AND A COMMENTARY SECTION WHICH EXPLAINS THE COMMISSION'S REASONING, SUMMARIZES THE ARGUMENTS, AND COMPARES AND CONTRASTS THE COMMISSION'S VIEWS WITH THOSE OF OTHER NATIONAL BODIES WHICH HAVE SPOKEN OUT ON THE TOPIC. THE REPORT CONCLUDES WITH A SUMMARY LISTING OF ALL OF THE BLACK LETTER RECOMMENDATIONS CONTAINED IN THE PRECEDING CHAPTERS AND A 31-PAGE SELECTED BIBLIOGRAPHY. (AUTHOR ABSTRACT)...ELW