NCJ Number
82255
Journal
Loyola University of Chicago Law Journal Volume: 13 Issue: 1 Dated: (Fall 1981) Pages: 1-29
Date Published
1981
Length
29 pages
Annotation
Constraints on the use of expert services by privately retained criminal defense attorneys are examined.
Abstract
Regardless of the manner in which an attorney uses a particular expert, an attorney's search for the most authoritative source on a given subject is theoretically limitless. In practice, however, several critical factors inhibit the use of expert services: money, time, and the attorney's technique, knowledge, imagination, and skill. This study examines how these constraints impair the use of expert services, with the focus on the use of expert services during the pretrial and sentencing stages. The study begins with a hypothetical criminal case and outlines the manner in which a defense attorney would ideally use expert services in preparing a defense. The barriers to the implementation of the ideal use of expert services are then identified as they are found in the structure of the legal system. Inadequate provision for funding is the primary obstacle to the effective use of expert services by private criminal defense attorneys. It is proposed that multidisciplinary centers be established as a centralized service to fill the defense attorney's need for expert witnesses. Centralization of expert services would result in greater efficiency and lower fees. Federal or State subsidies for these centers would provide even greater savings to defendants. A total of 123 footnotes are provided.