NCJ Number
97013
Journal
Cornell Law Review Volume: 68 Issue: 5 Dated: (June 1983) Pages: 686-705
Date Published
1983
Length
20 pages
Annotation
Statutes dealing with problems created by public interest in sensational crimes are needed to minimize the risk of inadequate representation, prevent unjust enrichment to a guilty defendant, compensate crime victims, and protect defendants' constitutional rights.
Abstract
Providing for contingent defense attorney's fees when significant funds are available from the publication of the defendant's story would allow defendants to use their publication proceeds only for defense until a verdict is reached. Attorneys fees would be negotiated, and most of the publication proceeds would be held in escrow for the victims. In cases of conviction, the victims would receive all money remaining in escrow accounts after attorneys collect their fees. Acquitted defendants would receive all remaining escrow money. In cases where publication funds are insufficient to attract private attorneys or where the cases are believed to be too weak to defend, a 'son of Sam' statute could still preserve money for victims and their families. Contingent attorneys' fees would ensure attorneys optimum financial gains, reduce defendant claims of ineffective counsel, and preserve defendants' first amendment rights. These fee arrangements would also eliminate the appearance of impropriety, reduce the state's defense cost, and help relieve overcrowded court dockets. Ninety footnotes are provided.