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Date: November 22, 2024 Fri
Time: 11:39 am
Time: 11:39 am
Results for gideon v. wainwright
2 results foundAuthor: Giovanni, Thomas Title: Gideon at 50: Three Reforms to Revive the Right to Counsel Summary: In 1963, the U.S. Supreme Court ruled in Gideon v. Wainwright that criminal defendants have a constitutional right to counsel, even when they cannot afford one. But 50 years later, Gideon’s promise remains unrealized. Despite radical changes to our criminal justice system over the last half century, state and federal governments have not committed the funding necessary for public defenders to keep pace with the rising flood of criminal cases. Many public defenders lack the staff, time, training, and resources to investigate each case adequately or prepare a robust legal defense. Often, they end up spending only minutes per case due to overwhelming and unrealistic caseloads. As a result, they are simply unable to provide clients with their constitutional right to counsel, effectively making Gideon an unfunded mandate at a time when public defenders are needed most. Today, we live in an era of mass incarceration. The United States leads the world in number of people in prison. After 40 years of the War on Drugs and “tough on crime” policies, there are currently 2.3 million people behind bars — disproportionately people of color. Nearly half the people in state prison are there for nonviolent crimes, and almost half the people in federal prison are there for drug crimes. According to the American Bar Association (ABA), researchers estimate that anywhere from 60 to 90 percent of criminal defendants need publicly-funded attorneys, depending on the jurisdiction. Yet most public defenders are unable to meet this demand due, in part, to the deluge of low-level charges and misdemeanor cases. To make matters worse, prosecutors often bring charges against defendants that are far higher than warranted by the facts of the case, and defenders often do not have time or resources to assertively negotiate with prosecutors in plea discussions. Defendants are then left to accept unfair plea deals rather than risk trials that may leave them behind bars for even longer. As this broken process repeats itself in case after case, the systemic result is harsher outcomes for defendants and more people tangled in our costly criminal justice system. The routine denial of effective legal representation for poor defendants, coupled with the over-criminalization of petty offenses, feed our mass incarceration problem at great social and economic costs. Reports estimate that taxpayers spend $79 billion a year on corrections nationwide, with an average of $31,286 per state prisoner. Surely, there are better ways to spend this money — on higher education, infrastructure, job creation, or targeted crime prevention programs. Fortunately, fixes to our criminal defense system are not out of reach. Federal, state, and local governments can implement reforms to help reduce unnecessary incarceration and restore the right to counsel for poor people. This paper examines how Gideon’s unfunded mandate impacts public defenders and our criminal justice system and identifies three common-sense solutions to move the country toward a more functional and fair system of public defense. Details: New York: Brennan Center for Justice at New York University School of Law, 2013. 24p. Source: Internet Resource: Accessed April 16, 2013 at: http://www.brennancenter.org/sites/default/files/publications/Gideon_Report_040913.pdf Year: 2013 Country: United States URL: http://www.brennancenter.org/sites/default/files/publications/Gideon_Report_040913.pdf Shelf Number: 128353 Keywords: Assistance to the PoorGideon v. WainwrightIndigent DefenseLegal AidPublic Defenders |
Author: Gross, John P. Title: Gideon at 50: A Three-Part Examination of Indigent Defense in America Summary: The lack of adequate compensation for assigned counsel is a serious threat to our criminal justice system. Our adversarial system cannot function properly when defense attorneys are impeded from providing adequate representation. Low hourly wages combined with caps on fees undermine the right to counsel guaranteed by the Sixth Amendment. Low hourly wages for assigned counsel in criminal cases reinforce the idea that we have two criminal justice systems, one for the wealthy and one for the poor. This disparity violates the principle that everyone in this country stands equal before the law. Statutory caps on the already low court-appointed fees are an additional impediment to the representation of the indigent accused. These caps result in attorneys earning less per hour the more they work on a client’s case. This type of financial disincentive creates a conflict of interest for defense attorneys and undermines the confidence of the accused and the public in our criminal justice system. While the vast majority of assigned counsel zealously represents their clients, inadequate compensation substantially reduces the number of attorneys willing to represent indigent defendants and diminishes the overall quality of representation. The provision of counsel at state expense is a necessary predicate to a lawful prosecution of an accused who cannot afford his own attorney. The attorneys who represent the indigent in our nation’s criminal courts perform an invaluable service without which, the criminal justice system would collapse. Yet in many instances, states pay hourly wages that do not even cover the costs incurred by the attorneys during the course of representation. When states refuse to adequately compensate assigned counsel, they fail to discharge their constitutional obligation to the accused. The right to counsel is a fundamental American right. When states fail to adequately compensate assigned counsel, they discourage the active participation of the private bar in indigent defense, which causes excessive caseloads for public defender organizations. NACDL’s 50-State Survey of Assigned Counsel Rates documents the current funding levels for assigned counsel across the nation. It is a guide for the defense bar, assigned counsel plan administrators and government officials in all three branches who must determine compensation rates for assigned counsel. As we celebrate the 50th anniversary of the Supreme Court’s decision in Gideon v. Wainwright, the information contained in the survey should provide the impetus for the reform of our nation’s assigned counsel systems so that every defendant stands equal before the law irrespective of financial status. Details: Washington, DC: National Association of Criminal Defense Lawyers, 2013. 36p. Source: Internet Resource: Accessed April 16, 2013 at: www.nacdl.org Year: 2013 Country: United States URL: Shelf Number: 128358 Keywords: Assistance to the PoorGideon v. WainwrightIndigent DefenseLegal AidPublic Defenders |