NCJ Number
60299
Date Published
1978
Length
28 pages
Annotation
THE NATURE AND EVOLUTION OF LEGAL SERVICES FOR POOR PEOPLE IN THE U.S. ARE DISCUSSED IN A COMPACT PAMPHLET DESIGNED FOR USE BY THE GENERAL PUBLIC.
Abstract
THESE SERVICES ARE BASED ON THE INDIVIDUAL'S RIGHT TO COUNSEL, MANDATED IN SUPREME COURT DECISIONS DURING THE LAST 50 YEARS. IN 1972, THE COURT RULED THAT COUNSEL MUST BE PROVIDED IN ANY CRIMINAL CASE, INCLUDING MISDEMEANORS, THAT COULD RESULT IN A JAIL SENTENCE. THE COURT HAS NOT YET ESTABLISHED THE RIGHT TO COUNSEL IN NONCRIMINAL MATTERS. NEVERTHELESS, THE PROVISION OF COUNSEL IN CIVIL PROCEEDINGS HAS BEEN BASED ON MORAL AND SOCIAL CONSIDERATIONS. FORMS OF LEGAL ASSISTANCE AVAILABLE IN CRIMINAL CASES INCLUDE DEFENDER SYSTEMS AND ASSIGNED COUNSEL SYSTEMS. IN CIVIL CASES, COUNSEL IS AVAILABLE THROUGH LAWYERS' PRO BONO PUBLICO WORK AND THROUGH STATE AND CITY LEGAL SERVICES PROGRAMS SUPPORTED BY THE FEDERAL LEGAL SERVICES CORPORATION. THIS NONPROFIT CORPORATION, ESTABLISHED IN 1974, OPERATES INDEPENDENT OF THE GOVERNMENT'S EXECUTIVE BRANCH. IT HAS SUCCEEDED EARLIER PRIVATE AND PUBLIC LEGAL AID ORGANIZATIONS AND PROGRAMS. DESPITE CURRENT PROGRAMS, PROBLEMS OF COST AND ACCESS TO LEGAL SERVICES REMAIN. POSSIBLE SOLUTIONS BEING EXPLORED OR DEVELOPED INCLUDE JUDICARE, PREPAID LEGAL INSURANCE, CONTRACTS WITH PRIVATE LAW FIRMS TO PROVIDE LEGAL SERVICES FOR THE POOR, REFORM AND SIMPLIFICATION OF LAW AND ADMINISTRATIVE REGULATIONS, AND EXPANSION OF THE USE OF LAW STUDENT CLINICAL PROGRAMS. IN ADDITION, CURRENT DEPENDENCE ON LAWYERS FOR DISPUTE RESOLUTION COULD BE REDUCED BY EXPANSION OF NO-FAULT PROGRAMS, SIMPLIFIED LAWS, SMALL CLAIMS COURTS, INFORMAL PERSUASION, MEDIATION, ARBITRATION, AND DIVERSION OF MINOR CASES FROM CRIMINAL COURTS. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)