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Date: April 29, 2024 Mon
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Results for legal aid
35 results foundAuthor: Davis, Robert C. Title: Finally Getting Victims Their Due: A Process Evaluation of the NCVLI Victims' Rights Clinics Summary: This report describes a process evaluation conducted by the RAND Corporation and National Center for Victims of Crime of the National Crime Victim Law Institute (NCVLI) state and federal victims’ rights clinics. The clinics were conceived as a response to the fact that, in spite of burgeoning victims’ rights legislation in all states, many victims still are not receiving the rights they are entitled to under law. The NCVLI clinics were intended to promote awareness, education, and enforcement of crime victims’ rights in the criminal justice system. In establishing the victims’ rights clinics, NCVLI sought to change the legal culture with respect to observance of victims’ rights. The vehicle for doing this was providing direct representation to individual victims in criminal court. By giving victims attorneys, NCVLI hoped that it could increase the observance of rights in those particular cases. But it also hoped that the presence of victim attorneys in some cases and trainings held for court officials would result in an increased attention to victims’ rights by prosecutors, judges, and police officers in all cases – not just in the cases where victims were represented by attorneys. The process evaluation placed a significant focus on how the clinics approach their work. We noted that the clinics ranged in their organizational aegis from being housed within victim services programs to being located within a law school to being one component within a full service law firm, and that these arrangements had implications for how the clinics conducted their work. We noted that every clinic has made an effort to train pro bono attorneys and refer cases to them. However, the experience has not always been positive because pro bono attorneys often do not have the knowledge, commitment, or availability to be of significant help. We noted that, while their primary focus has always been on addressing violations of clients’ legal rights, most of the clinics also have developed a focus that includes addressing all of victims’ crime-related needs, either directly or through referrals to other service providers. We noted that there is a large disparity between clinics in the number of cases opened annually and the geographic coverage of each across the states in which they are located. The report finds that clinics have dealt with a range of victims’ rights issues in trial courts including the right to be present, right to be consulted about plea offers, right to make an impact statement, right to be notified of changes in defendants’ detention status, right to restitution, right to privacy, and so forth. However, the principal issue has been victim standing before the court to enforce their rights. In some states, standing has been acknowledged, at least in limited ways. In other states, clinics have made or are making steps toward such recognition, or have been successful in representing victims without the issue being directly confronted. In one state, the ability of attorneys to represent victims in criminal court is currently in serious question. The report also discusses how some clinics have won significant gains at the appellate and federal court levels concerning victim standing, the rights to be consulted and heard, and the right to privacy. Based on the information we gathered during the course of the process evaluation, we believe that the state clinics are beginning to fulfill the intentions of their architects and funders. All of the clinics have pushed the envelope of victims’ rights in their state courts. Some have won significant victories in gaining standing for victims and expanding the definition of particular rights. Others are enjoined in the battle. But all have raised awareness of victims’ rights with prosecutors, judges, defense attorneys, and police officials. Details: Unpublished report to the U.S. National Institute of Justice, 2009. 299p. Source: Internet Resource: Accessed September 10, 2010 at: http://www.ncjrs.gov/pdffiles1/nij/grants/228389.pdf Year: 2009 Country: United States URL: http://www.ncjrs.gov/pdffiles1/nij/grants/228389.pdf Shelf Number: 116665 Keywords: Legal AidVictims of CrimeVictims Services |
Author: Farole, Donald J., Jr. Title: County-based and Local Public Defender Offices, 2007 Summary: This report examines the provision of public defender services in the 27 states and the District of Columbia in which indigent defense services were funded and administered by counties or local jurisdictions in 2007. The report presents an overview of county-based public defender offices in the context of public defender offices nationwide. It provides data on staffing, expenditures, attorney training, program standards and guidelines, and caseload data, including the number and types of cases received by county-based public defender offices and the number of attorneys needed to meet professional caseload guidelines. The report examines similarities and differences in the characteristics of public defender offices based on case volume, as measured by the number of cases received per office in 2007. Highlights include the following: County-based public defender offices received more than 4 million cases and spent nearly $1.5 billion in operating expenditures in 2007; about three-quarters (73%) of county-based public defender offices exceeded the maximum recommended limit of cases received per attorney in 2007; and county-based offices employed a median of 7 litigating public defenders. Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2010. 15p. Source: Internet Resource: Bureau of Justice Statistics Special Report, September 2010: Accessed October 15, 2010 at: http://bjs.ojp.usdoj.gov/content/pub/pdf/clpdo07.pdf Year: 2010 Country: United States URL: http://bjs.ojp.usdoj.gov/content/pub/pdf/clpdo07.pdf Shelf Number: 119976 Keywords: Legal AidLegal Assistance to the PoorPublic Defenders |
Author: Langton, Lynn Title: State Public Defender Programs, 2007 Summary: This report examines the provision of public defender services in the 22 states that had an entirely state-funded and state-administered indigent defense program in 2007. The report presents an overview of state public defender programs in the context of public defender offices nationwide. It also provides state-by-state data on staffing, expenditures, attorney training, program standards and guidelines, and caseload data, including the number and types of cases received by state public defender programs and the number of attorneys needed to meet professional caseload guidelines. Trends in caseloads, staffing, and expenditures from 1999 to 2007 are also examined. Highlights of the report include the following: State programs spent more than $830 million representing indigent defendants, which was about 14% of total state expenditures for all judicial and legal functions in 2007; public defender programs in the 13 states with death penalty statutes spent a combined $11.3 million providing capital case representation in 2007; and misdemeanor and ordinance violations accounted for the largest share (43%) of cases received by public defender programs. Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2010. 22p. Source: Internet Resource: Bureau of Justice Statistics Special Report, September 2010: Accessed October 15, 2010 at: http://bjs.ojp.usdoj.gov/content/pub/pdf/spdp07.pdf Year: 2010 Country: United States URL: http://bjs.ojp.usdoj.gov/content/pub/pdf/spdp07.pdf Shelf Number: 119978 Keywords: Legal AidLegal Assistance to the PoorPublic Defenders |
Author: Kemp, Vicky Title: Transforming Legal Aid: Access to Criminal Defence Services Summary: With legal aid costs increasing significantly over recent years the previous Government and Legal Services Commission (LSC) had embarked on a programme of transforming the legal aid system. The intention of the reform programme was to control rising costs and to provide a sustainable legal aid scheme for the future. With the formation of the new Government in May 2010, reform of legal aid remains high on its agenda. Indeed, an internal policy assessment into legal aid is currently being undertaken with a view to developing proposals for reform of legal aid, on which views will be sought in the autumn. With legal aid reform having the potential to change the organisation of criminal defence services, the LSC had asked the Legal Service Research Centre (LSRC) to undertake a survey of users in the criminal justice system. Over 1,000 people were interviewed and asked about their choice and use of a solicitor. Interim findings were published by the LSRC in November 2008. These findings have helped to highlight potential barriers to legal advice. With a paucity of research having been undertaken recently into criminal legal aid, further research has been conducted in order to examine access to criminal defence services within the changing context of the wider criminal justice system. Details: London: Legal Services Research Centre, 2010. 145p. Source: Internet Resource: Accessed October 15, 2010, at: http://lsrc.org.uk/publications/TransformingCrimDefenceServices_29092010.pdf Year: 2010 Country: United Kingdom URL: http://lsrc.org.uk/publications/TransformingCrimDefenceServices_29092010.pdf Shelf Number: 119984 Keywords: CourtsCriminal DefenseLegal AidLegal Assistance to the Poor |
Author: Minnesota: Office of the Legislative Auditor Title: Evaluation Report: Public Defender System Summary: Public defenders fulfill a constitutional requirement. By representing people who cannot afford an attorney in criminal proceedings, public defenders can also help the judicial process operate more efficiently. However, budget cuts and growing workloads have raised concerns about the state’s public defender system. In response, the Legislative Audit Commission requested an evaluation. We found that the public defender system faces significant challenges. Workloads are too high, affecting both the ability of public defenders to represent clients and the operation of state courts. We offer several recommendations to improve the system, but options for significant change will require additional resources. Details: St. Paul, MN: Office of the Legislative Auditor, Program Evaluation Division, 2010. 76p. Source: Internet Resource: Accessed October 20, 2010 at: Year: 2010 Country: United States URL: Shelf Number: 120025 Keywords: CourtsLegal AidLegal Assistance to the PoorPublic Defenders |
Author: Howard League for Penal Reform Title: Access to Justice Denied: Young Adults in Prison Summary: The Howard League for Penal Reform legal service provides a unique body of evidence which shows that unaddressed legal problems lead to social exclusion and further economic and social cost. This cycle of unmet need and related cost underlies our call for young adults to have meaningful access to justice. Young people need to understand and develop the confidence to assert their rights through good quality lawyers. Our ‘access to justice’ service has revealed: the gaps in the provision of legal services for young adults in prison; the need for appropriate working methods for legal practitioners; and the need to ensure that services are targeted to the needs of young people. This briefing coincides with Ministry of Justice’s policy analysis of publicly-funded legal services. It makes the case for access to justice to be promoted at a time when all areas of public services face savage cuts; good quality legal services save costs and protect against the risk of injustice. Details: London: The Howard League, 2010. 21p. Source: Internet Resource: Accessed November 2, 2010 at: http://www.howardleague.org/fileadmin/howard_league/user/online_publications/Access_to_Justice_Denied.pdf Year: 2010 Country: United Kingdom URL: http://www.howardleague.org/fileadmin/howard_league/user/online_publications/Access_to_Justice_Denied.pdf Shelf Number: 120157 Keywords: Assistance to the PoorLegal AidYoung Adult Offenders |
Author: American Civil Liberties Union Title: In for a Penny: The Rise of America's New Debtors' Prisons Summary: This ACLU report presents the results of a yearlong investigation into modern-day "debtors' prisons," and shows that poor defendants are being jailed at increasingly alarming rates for failing to pay legal debts they can never hope to afford. The report details how across the country, in the face of mounting budget deficits, states are more aggressively going after poor people who have already served their criminal sentences. These modern-day debtors' prisons impose devastating human costs, waste taxpayer money and resources, undermine our criminal justice system, are racially skewed, and create a two-tiered system of justice. Incarcerating people simply because they cannot afford to pay their legal debts not only is unconstitutional but it has a devastating impact upon men and women, whose only crime is that they are poor. The sad truth is that debtors' prisons are flourishing today, more than two decades after the Supreme Court prohibited imprisoning those who are too poor to pay their legal debts. This report seeks to document the realities of today's debtors' prisons and to provide state and local governments and courts with a more sensible path – one where they no longer will be compelled to fund their criminal justice systems on the backs of the poor, and one where the promise of equal protection under the law for the poor and affluent alike will finally be realized. Details: New York: American Civil Liberties Union, 2010. 92p. Source: Internet Resource: Accessed April 18, 2011 at: http://www.aclu.org/files/assets/InForAPenny_web.pdf Year: 2010 Country: United States URL: http://www.aclu.org/files/assets/InForAPenny_web.pdf Shelf Number: 121385 Keywords: Debtors' PrisonsIndigent DefendantsLegal AidPoverty |
Author: Canada. Statistics Canada Title: Legal Aid in Canada: Resource and Caseload Statistics, 2009/2010 Summary: This annual report provides an analytical overview of the revenues, expenditures and caseloads of legal aid plans in Canada. It includes information at the provincial/territorial level on legal aid delivery systems, sources of revenue, expenditures on legal aid services, and legal aid caseloads. Highlights for 2009/2010 include the following: • In 2009/2010, legal aid plans spent $762 million on providing legal aid services in 11 provinces and territories, which amounts to about $23 for every Canadian. After adjusting for inflation, legal aid spending was up about 4% from the previous year. • With the exception of Quebec and Ontario, legal aid plans spent more on criminal matters than civil matters in 2009/2010. The Quebec legal aid plan allocated 43% of its direct expenditures to criminal matters, while in Ontario the figure was 47%. In the other jurisdictions the proportion of direct expenditures on criminal matters ranged from 56% for Alberta to 74% for Saskatchewan and the Northwest Territories. • Legal aid in Canada is funded primarily by provincial/territorial and federal governments. In 2009/2010, legal aid plans reported receiving funding totalling over $721 million with 93% of this amount coming from government sources. Other funding is received by way of client contributions, cost recovery monies and contributions from the legal profession. • Provincial and territorial governments directly fund both criminal and civil legal aid. The $547 million contribution in 2009/2010 represented a 6% increase from the previous year (after inflation) and marked the fifth consecutive annual increase. In 2009/2010, funding was up in 9 of the 13 jurisdictions (after inflation), led by Manitoba at 31%. • The federal government contributes directly to the cost of criminal legal aid only. In 2009/2010, funding for all 13 jurisdictions totalled $112 million. After adjusting for inflation, this figure was down slightly from the year before. • About 745,000 applications for legal assistance were received by legal aid plans in the 11 reporting provinces and territories in 2009/2010, a decline of 5% from the previous year. The decline was driven by fewer civil legal aid applications as the number of criminal legal aid applications remained unchanged. Civil matters accounted for over half (55%) of applications received. • In 2009/2010, the reporting legal aid plans approved almost 500,000 applications for full legal aid services (including providing information, advice and representation in court), a decrease of 1% from the previous year. Criminal matters accounted for over half (56%) of approved applications. • In the reporting provinces and territories, almost 10,000 lawyers from both the private sector and legal aid plans provided legal aid assistance in 2009/2010, a decline of 2% from the previous year. Private lawyers accounted for 87% of those providing legal aid services, while legal aid plan staff lawyers accounted for the remaining 13%. Details: Ottawa: Ministry of Industry, 2011. 125p. Source: Internet Resource: Accessed April 25, 2011 at: http://dsp-psd.pwgsc.gc.ca/Collection-R/Statcan/85F0015XIE/85F0015XIE.html Year: 2011 Country: Canada URL: http://dsp-psd.pwgsc.gc.ca/Collection-R/Statcan/85F0015XIE/85F0015XIE.html Shelf Number: 121486 Keywords: Assistance to the PoorCourts (Canada)Legal AidPublic Defenders |
Author: American Civil Liberties Union of Utah Title: Failing Gideon: Utah’s Flawed County-‐By-‐County Public Defender System Summary: The ACLU of Utah has issued a 95-page report, “Failing Gideon: Utah’s Flawed County-By-County Public Defender System,” documenting the state’s and counties’ chronic failures to fund or oversee trial-level public defender services in Utah. In addition to analyzing public and other records obtained from each of Utah’s 29 counties, the ACLU of Utah and students from the University of Utah, S.J. Quinney College of Law Civil Rights Clinic, conducted interviews and observed court proceedings across the state. Details: Salt Lake City: ACLU of Utah, 2011. 95p. Source: Internet Resource: Accessed August 26, 2011 at: http://www.acluutah.org/Failing_Gideon.pdf Year: 2011 Country: United States URL: http://www.acluutah.org/Failing_Gideon.pdf Shelf Number: 122560 Keywords: Assistance to the PoorLegal AidPublic Defenders (Utah) |
Author: Connors, Edward Title: National Evaluation of the Legal Assistance for Victims Program Summary: In November 2000, the National Institute of Justice, with funding support from the Office on Violence Against Women, awarded a grant to the Institute for Law and Justice (ILJ), in partnership with the National Center for Victims of Crime (NCVC), to conduct a national evaluation of the Legal Assistance for Victims (LAV) grant program. The LAV program provides funding to organizations throughout the country to provide comprehensive, free or low-cost civil legal and advocacy services to victims of domestic violence, sexual assault, and stalking. The evaluation focused on the provision of civil legal and other services to victims of domestic violence and examined LAV projects that were funded in 1998 through 2000. Overall, the LAV program has been a success. LAV has made it possible to provide desperately needed civil legal services to more victims of domestic violence who cannot afford a private attorney. It has also promoted the delivery of high quality, comprehensive services by encouraging collaboration and cross-training among legal services organizations and domestic violence victim services programs. Yet even with LAV funding, there is still a chronic unmet need for attorneys and other personnel to assist and represent domestic violence victims who cannot pay legal fees, either because of their poverty or because their access to financial resources is controlled by the batterer. The LAV grant program is authorized under the Violence Against Women Act of 1994, as amended, and is administered by the Office on Violence Against Women (OVW), which awarded the first LAV grants in 1998. The purpose of the LAV program is to increase the capacity of local organizations—primarily legal services agencies, domestic violence victim services programs, bar associations, and law schools—to provide free or low cost, comprehensive civil legal and advocacy services to victims of domestic violence. The LAV program was expanded in 2000 to include civil legal and advocacy services to victims of sexual assault and stalking.1 The LAV program advocates a holistic approach to delivering high quality services. It is concerned with the whole system of service providers and with all of a victim’s needs, both legal and non-legal. Local organizations receiving LAV funding provide (1) legal assistance and representation with protection orders and other family law matters; (2) advocacy services that address victims’ safety, health, and other needs; and (3) legal services to resolve housing, employment, public benefits, and other issues. Because very few organizations are able by themselves to fully address all three of these program elements, OVW requires that LAV projects represent collaborations among organizations, and that the projects conduct cross-training of attorneys and victim advocates. Individual LAV projects are given the flexibility to employ various approaches to meet the specific needs identified in their jurisdictions. In addition to hiring staff attorneys to provide legal assistance and representation, many LAV projects develop pro bono programs (in which private attorneys provide services free of charge); hold legal clinics and develop materials for victims who proceed with their cases pro se (on their own); and conduct outreach to traditionally underserved populations, including members of racial, ethnic, and cultural minority groups and victims living in rural areas. Details: Alexandria, VA: Institute for Law and Justice, 2005. 325p. Source: Internet Resource: Accessed November 9, 2011 at: https://www.ncjrs.gov/pdffiles1/nij/grants/208612.pdf Year: 2005 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/208612.pdf Shelf Number: 123269 Keywords: Domestic ViolenceLegal AidRestraining OrdersVictim ServicesVictims of Family Violence |
Author: U.S. Department of Justice Title: Expert Working Group Report: International Perspectives on Indigent Defense Summary: The vast majority of criminal defendants in the United States are too poor to afford a lawyer, yet adequate funding and resources for defense counsel remains an elusive goal. The U.S. Department of Justice (the Department) seeks effective, evidence-based solutions to problems in indigent defense so that the nation can deliver on its constitutionally guaranteed promise to provide legal representation to people accused of crime who cannot afford it. In January 2011, the Department‘s Access to Justice Initiative (ATJ) and National Institute of Justice‘s (NIJ) International Center jointly convened an Expert Working Group (EWG) on International Perspectives on Indigent Defense to explore domestic and international practices in indigent defense. That the convening started on the same day that the Governor of Massachusetts announced his plans to overhaul the commonwealth‘s public defender system was only further evidence of the importance of identifying the best approaches to the delivery of defender services.1 The 40-person EWG consisted of leading experts drawn from multidisciplinary communities, including domestic and international practitioners, researchers, government officials and advocates from nine countries.2 The goals of the workshop were to: Help suggest federal priorities on indigent defense; Help identify research in the field of indigent defense; Learn about alternative and best practices in the provision of defender services for the poor from the United States and around the globe; Consider the transferability of successful international practices to the United States; and Forge sustained American and international collaborations in the field of criminal legal aid. Over a day and a half, participants were led in a facilitated discussion around the following six panels: The state of indigent defense in the United States generally; Costs associated with being indigent in the criminal justice system; Improvements to the provision of defender services for the poor; Improvements to the provision of defender services for juveniles; The intersection of indigent defense and immigration; and Indigent defense in indigenous communities. At the conclusion of the facilitated discussions, participants were divided into five breakout groups to identify specific, actionable recommendations for ATJ and NIJ. These breakout groups aligned with the panel topics of the convening and were organized to consider costs of being indigent, general improvements to the criminal justice system, improvements for juveniles, special considerations for immigrants and special considerations for indigenous communities. The breakout groups were asked to create recommendations to advance ATJ‘s and NIJ‘s efforts to set federal priorities in indigent defense, identify research gaps in the field and identify international practices that should be assessed for transferability to the United States. This report provides an overview of the EWG‘s discussions and includes the breakout groups‘ recommendations following the summary of the corresponding panel presentations. Details: Washington, DC: U.S. Department of Justice, 2011. 63p. Source: Internet Resource: Accessed January 10, 2012 at: https://ncjrs.gov/pdffiles1/nij/236022.pdf Year: 2011 Country: United States URL: https://ncjrs.gov/pdffiles1/nij/236022.pdf Shelf Number: 123553 Keywords: Assistance to the PoorIndigent DefenseLegal AidPublic Defenders |
Author: Paralegal Advisory Service Institute Title: Access to Legal Aid in Criminal Justice Systems in Africa: Survey Report Summary: The aim of this survey is to provide a snapshot of access to legal aid in Africa. The purpose is to provide practitioners and policymakers with accurate and contemporary data to inform the development of legal aid strategies. The survey was conducted as part of the implementation of Economic and Social Council resolution 2007/24, entitled “International cooperation for the improvement of access to legal aid in criminal justice systems, particularly in Africa”. The laws governing legal aid recognize a lawyer-centred model. However, the numbers of practising lawyers in African countries are low in proportion to the overall population. Further, the large majority of these lawyers reside in urban areas, whereas the majority of the population live in rural or peri-urban areas. Thus, most people live outside of the reach of lawyers who can provide them with legal aid services. While the laws respect a right to legal aid, State budget allocations to legal aid are minimal in many countries. Access to legal aid is not available at all stages of the criminal justice process. It is particularly rare at police stations and is only sometimes available in prisons and in the lower courts. There is an absence of any national strategy to provide people with “primary justice” services in the same way as there is, for instance, to provide primary health-care services. A “patchwork” of non-State actors operating individually, or in some cases in networks, provides supplementary services. The consequences of this situation are several. On the “supply” side, the absence of a mechanism to push cases through the criminal justice system contributes to delays in the process and increasing case backlogs in the courts, as well as to high remand populations in prison. This contributes significantly to prison overcrowding, which is a problem in many African countries. On the “demand” side, the absence of affordable legal aid services increases poor people’s sense of social exclusion and powerlessness. Traditional dispute resolution mechanisms become, by default, the only option for most people, in particular in rural areas. Details: Vienna: UNODC, 2012. 82p. Source: Internet Resource: Accessed May 3, 2012 at: http://www.ipjj.org/fileadmin/data/documents/reports_monitoring_evaluation/UNODC_AccessToLegalAidinAfricaSurveyReport_2011_EN.pdf Year: 2012 Country: Africa URL: http://www.ipjj.org/fileadmin/data/documents/reports_monitoring_evaluation/UNODC_AccessToLegalAidinAfricaSurveyReport_2011_EN.pdf Shelf Number: 125148 Keywords: Assistance to the PoorCourtsCriminal Justice Systems (Africa)LawyersLegal Aid |
Author: U.S. Government Accountability Office Title: Indigent Defense: DOJ Could Increase Awareness of Eligible Funding and Better Determine the Extent to Which Funds Help Support This Purpose Summary: The Sixth Amendment to the U.S. Constitution guarantees every person accused of a crime the right to counsel. States and localities generally fund indigent defense services, and the Department of Justice (DOJ) also provides funding that can be used for these services. GAO was asked to review federal support for indigent defendants. This report addresses, for fiscal years 2005 through 2010, the (1) types of support DOJ provided for indigent defense; (2) extent to which eligible DOJ funding was allocated or awarded for indigent defense, the factors affecting these decisions, and DOJ’s actions to address them; (3) percentage of DOJ funding allocated for indigent defense and how it was used; (4) extent to which DOJ collects data on indigent defense funding; and (5) extent to which DOJ assesses the impacts of indigent defense grants, indigent defense programs have been evaluated, and DOJ has supported evaluation efforts. GAO surveyed (1) all 4,229 grant recipients about funding allocations and (2) a sample of 253 public defender offices about factors influencing their decisions to apply for funding. Though not all survey results are generalizable, they provide insights. GAO also analyzed grant related documents and interviewed relevant officials. What GAO Recommends GAO recommends that DOJ increase grantees’ awareness that funding can be allocated for indigent defense and collect data on such funding. Details: Washington, DC: GAO, 2012. 118p. Source: Internet Resource: GAO-12-569: Accessed May 15, 2012 at: http://www.gao.gov/assets/600/590736.pdf Year: 2012 Country: United States URL: http://www.gao.gov/assets/600/590736.pdf Shelf Number: 125302 Keywords: Assistance to the PoorIndigent DefenseLegal AidPublic Defenders |
Author: 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 |
Author: Marceau, Justin F Title: Gideon's Shadow Summary: The right to counsel is regarded as a right without peer, even in a field of litigation saturated with constitutional protections. But from this elevated, elite-right status, the right to counsel casts a shadow over the other, less prominent criminal procedure rights. Elaborating on this paradoxical aspect of the Gideon right – that the very prominence of the right tends to dilute other rights, or at least justify limitations on non-Gideon rights – this essay analyzes the judicial and scholarly practice of employing the counsel right as a cudgel to curb other rights. Details: Denver: University of Denver Sturm College of Law. 2013. 23p. Source: Internet Resource: Legal Research Paper Series Working Paper No. 13-20: Accessed May 8, 2013 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248366 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248366 Shelf Number: 128678 Keywords: Assistance to the PoorIndigent Defence (U.S.)Legal AidPublic Defenders |
Author: Sullivan, Gary Title: Poor, Powerless and in Trouble with the Law: Achieving Just Outcomes through Problem-Solving Principles Summary: Serious criminal activity by professional criminals is a numerically small part of criminal behavior. It is not inconsequential but the criminal justice system is constructed as if it is central to its operation. To put it another way, the justice system is distorted by a focus in its systems and processes on exceptional crime. The system acknowledges the threat of punishment, and utilises due process, via the adversarial system. People charged have rights, but the elimination of serious crime is the aim. This is an understandable focus but ultimately unachievable. Serious organised crime will never be completely eliminated, and the bulk of the criminal justice system's work will be with high prevalence, unremarkable crime committed by the poor and powerless. The State is increasingly transferring minor matters from the traditional criminal courts into the inflexible infringements system. It imposes penalties without taking a person's circumstances into account. Rich and poor are fined the same amount for the same infraction. The infringements system therefore impacts more heavily on the poor. After more than 30 years working in a legal service in a poor community, I have provided legal advice and representation to countless individuals and several gen-erations of families, and participated in reform activities in tenancy law, credit law, the Children's Court of Victoria, the infringements system, consumer protection and police behaviour. I have also played a role in monitoring and improving the legal professional standards in community legal services. Over this period there have been significant changes in the nature of Australian society, welfare support mechanisms and legal systems. Apart from helping relatively few individuals among the poor and powerless, these changes have not had a major positive impact, and in some areas the impact is negative. Disproportionate to their numbers in the population, the poor and powerless continue to be gathered up in the justice system. Conditions of poverty generate a high incidence of low-level crime. This commonplace criminal activity is not adequately addressed. The relationship between poverty and crime is not so much ignored but tolerated in the justice system, reflecting a view that poverty is eternal and unchanging. Addressing this imbalance in the impact of the justice system on the poor and powerless requires a more comprehensive approach to rehabilitation that addresses the root cause of the criminality, while continuing to uphold a civil society. Such an approach, based on problem-solving principles, addresses the quiet desperation, chaotic lifestyles and multiple disadvantages that bring the poor and powerless into conflict with the broader community and the justice system. Details: Melbourne: Victoria Law Foundation, 2011. 56p. Source: Internet Resource: http://www.victorialawfoundation.org.au/images/stories/files/CLC_Report_2010-11(1).pdf Year: 2011 Country: Australia URL: http://www.victorialawfoundation.org.au/images/stories/files/CLC_Report_2010-11(1).pdf Shelf Number: 132589 Keywords: Assistance to the PoorIndigent DefenseLegal AidPovertySocioeconomic Conditions and Crime |
Author: Fleming, Jennie Title: Use your situation to change your destination: Evaluation of The Howard League for Penal Reform's U R Boss Summary: The Howard League for Penal Reform was funded by the Big Lottery to run the U R Boss project from July 2009 to 2014. The aims of U R Boss were: - to enhance the Howard League's legal service; - to campaign to change national and local policy and practice; - to change public attitudes to children and young people in the penal system. U R Boss supported young people in custody and the community by: - building on the Howard League's legal service; - involving young people in campaigning for change on issues that affect young people in the criminal justice system. What did U R Boss do? U R Boss was groundbreaking in two ways. First, it aimed to work in a deep and detailed participatory way with young people in the criminal justice system, and second, it involved young people directly in campaigning work to change policy and practice. Legal work The Howard League legal service worked to protect children's rights and ensure they understood the legal system. - Until I had a Howard League solicitor no one explained what was what and wrote me letters I could understand. She explains what is happening - explains the options and what could happen with each one. - Young advisor in custody The legal team took over 1800 calls to the telephone helpline and solicitors worked on 617 new cases with young people. In one year alone they had a 78 per cent success rate for their clients in cases they took on. Young people and professionals said the legal service provided high levels of care for vulnerable and isolated young people. Regular solicitors would not want to know. You would not ring a regular solicitor and say "I am worried about this or this is going off", they would not be bothered to do something to help you. With the Howard League you can ring with anything and they take it serious. Young advisor in community U R Boss also ran public legal education to make sure professionals and young people knew about their rights in custody and when they were released. The project ran training and made guides using the knowledge and experience of both young people and the Howard League solicitors. The partnership between the legal and participation work was crucial to what U R Boss achieved. Solicitors got to know young people and build trust, leading to some becoming young advisors. Details: London: Howard League for Penal Reform, 2014. 94p. Source: Internet Resource: Accessed April 21, 2015 at: http://www.howardleague.org/use_your_situation/ Year: 2014 Country: United Kingdom URL: http://www.howardleague.org/use_your_situation/ Shelf Number: 135326 Keywords: Juvenile Offenders (U.K.)LawyersLegal AidLegal Services |
Author: Levin, Marc Title: Bringing Balance to Pretrial Proceedings: Solutions for Early Representation of Indigent Defendants Summary: Key Points - Defendants in cases that could result in jail time are constitutionally entitled to legal representation if they cannot afford it. - The conditions set at the initial hearing, including posting a money bond, often determine whether defendants are able to obtain release prior to trial, but typically indigent defendants are not represented by counsel until at least several days later. - Making representation available earlier in the pretrial process could provide greater balance in pretrial proceedings. Details: Austin, TX: Texas Public Policy Foundation, Center for Effective Justice, 2015. Source: Internet Resource: Policy Perspective PP17-2015: Accessed May 20, 2015 at: http://www.texaspolicy.com/library/doclib/PP-Solutions-for-Early-Representation-of-Indigent-Defendants.pdf Year: 2015 Country: United States URL: http://www.texaspolicy.com/library/doclib/PP-Solutions-for-Early-Representation-of-Indigent-Defendants.pdf Shelf Number: 135720 Keywords: Indigent DefenseLegal AidPretrial DetentionPretrial Release |
Author: Ransom, Sophie Title: Evaluation of the JusticeNet Self-Representation Service Pilot Summary: JusticeNet is an independent not-for-profit organisation that brokers pro bono legal assistance for low-income and disadvantaged South Australians and community organisations, predominantly for civil law matters. In September 2013, JusticeNet commenced a pilot Self-Representation Service, providing legal advice and discrete task assistance to eligible "litigants-in-person" in the civil jurisdiction of the Supreme Court of South Australia. The overall aim of the Service is to improve access to justice for disadvantaged litigants-in-person in the civil jurisdiction of the Supreme Court, while discouraging the commencement or continuation of unnecessary proceedings and encouraging the resolution of disputes through alternative means. The Office of Crime Statistics and Research at the South Australian Attorney-General's Department was contracted by JusticeNet to conduct an evaluation of the 12-month pilot project. A mixed-methods approach was used to conduct a process and outcome evaluation. The evaluation uses data from the following sources: - Service data recorded by JusticeNet; - Limited data about matters for which the Service has assisted, provided by the South Australian Supreme Court registry; - Feedback from clients recorded on client feedback forms after appointments at the Service; - Online surveys of court registry staff, volunteer students and volunteer solicitors; and - Semi-structured interviews with a JusticeNet representative, a courts registry staff member and a volunteer solicitor. Overall, the JusticeNet Self-Representation Service appears to be a well-run service that is valued by all involved with it, particularly the clients it is designed to assist. Despite some mostly minor process issues, the continuation of the Service is almost unanimously supported by all involved in the evaluation. Although based on data which is limited in terms of numbers and time, this evaluation indicates that the Service is successful in achieving its stated objectives. While difficult to quantify, the Service is likely to be making overall savings for the Supreme Court, particularly in terms of reducing workload of and demand on the registry staff, and in preventing the commencement or continuation of proceedings in relation to unmeritorious matters. The provision of basic legal advice and assistance to those who could not otherwise afford it has important benefits for self-represented litigants in terms of understanding their own rights under the law and enabling informed decision-making in relation to their matters, as well as improving the likelihood of just and fair outcomes in court for meritorious matters. The Service continues to face some challenges, particularly in relation to ongoing funding, IT issues and problems associated with the limited availability of the Service. If the Service continues, it will remain a valuable addition to the very limited range of legal services available to assist disadvantaged litigants with civil matters, and litigants-in-person in the Supreme Court civil jurisdiction. Details: Adelaide, SA: Office of Crime Statistics and Research, Policy, Projects and Technology Division, South Australian Attorney-General's Department, 2015. 43p. Source: Internet Resource: Accessed July 9, 2015 at: http://www.ocsar.sa.gov.au/docs/evaluation_reports/JusticeNet_SRS_Evaluation_Report.pdf Year: 2015 Country: Australia URL: http://www.ocsar.sa.gov.au/docs/evaluation_reports/JusticeNet_SRS_Evaluation_Report.pdf Shelf Number: 135973 Keywords: Assistance to the PoorCourtsIndigent DefenseLegal Aid |
Author: Clairmont, Don Title: Crime Prevention and Youth Case Processing: Where and How to Invest and Intervene Summary: The evaluation assessment has been fully summarized in seventeen points on pages 57 to 59 of this report. Essentially the John Howard Society and its restorative justice agency initially had a broad set of objectives for the project wherein the YCLW would play both a liaison role to the CJS for youth and an outreach role vis-a-vis the accused youths and their families. Government specification centered strongly on the liaison role - getting the youth engaged more quickly in the court process via legal aid, to their own and to the justice system's benefit. The governmental emphasis reflected clearly that the project was largely a response to the recommendations of the Nunn Inquiry concerning processing youth cases. As it turned out the project's emphasis was indeed on the contacting the young offenders and encouraging them to make arrangements with Legal Aid if they had not already done so. There was little further contact if the youth was lawyered up or readily indicated an intention to do so or simply did not want any assistance from the YCLW. Lack of adequate contact coordinates and significant transiency among the youth meant that a large proportion of the youth who were referred to the YCLW, or appeared on the court dockets subsequently made available to the YCLW, were never contacted. Few youths were referred by the police agencies which of course largely eliminated the possibility of their being contacted by the YCLW worker prior to first court appearance. There was little emphasis on a more active and continuing outreach role for the YCLW for several basic reasons - narrow interpretation of the role's formal mandate and a strict adherence to that in practice, such that linking the youth to NSLA, and / or making them aware of the need and value to obtain such counsel, became the almost exclusive objective; lack of effective 'buy-in' to the project by many CJS officials which limited police collaboration and led few other court role players to utilize the services of the YCLW; turnover among the YCLW workers which limited the build-up of rapport with officials and familiarity with the young accuseds; no compellability for youths to meet with or talk to the YCLW worker. The contact of the YCLW with the young accused usually occurred over the telephone when such information was provided by police officials or by attendance at youth court but for various reasons the contact was quite limited and only in the last months of the project were they beginning to become more than a single short encounter. The YCLW in concert with the RJ agency staff did develop a YCLW manual, job description, information cards, and promoted and explained the initiative to CJS officials in both Truro and New Glasgow, especially in Truro where the worker had an office. There was a modest input into NSLA practices (i.e., suggestions for simplifying the process of certification for youth). Few services were provided other than encouraging the youths to link up with NSLA and only in last month or so, were a few significant contacts established with youth and/or parent/ guardians. There were also significant lessons and insights that could be drawn from this largely unsuccessful project, in large measure because the competent project management and staff did their best to carry out their mandate and thus, analyses of shortcomings has to focus not on them but on the major structural and problem specification issues such as effectively reaching the small number of multiple repeat offenders - a grouping we have labeled "the 15" since in so many jurisdiction in Nova Scotia roughly that number generate much of the youth crime and a much larger proportion of "secondary" crime (i.e., administration of justice crime). The project perhaps inadvertently highlighted the central query for crime prevention, namely where to put the emphasis, where to make more investment. The overall policy relevance of the YCLW project may well have been to sharply underline that the pivotal policy problem issue for crime prevention and for youth court administration is not the average length of time in processing youth cases. Rather, it is the fact that a small number of multiple repeat offenders - "the 15" as we have labeled them - cause a disproportionate amount of court time and account not only for much crime but also for perhaps as much as 75% of all the administration of justice or "secondary" criminalization which does take court time and limit effective court action. They constitute the proverbial "elephant in the room" for crime prevention and case processing. The YCLW project was not focused on this central problem and did not have the mandate or the tools to deal with it. A different model would appear to be required, a youth intervention outreach model, a model that does not exist in Nova Scotia but does have some modest commonality with the NSLA approach in HRM and the MLSN court worker approach in the Aboriginal community. In this evaluator's viewpoint such a multi-tasked youth intervention approach pinpointing the central youth crime problem highlighted by the YCLW project could be a major step forward for the justice system in Nova Scotia. Details: Dalhousie, Nova Scotia: Atlantic Institute of Criminology, Dalhousie University, 2010. 66p. Source: Internet Resource: Accessed August 31, 2015 at: http://ns.johnhoward.ca/images/YCLWFinalEvaluationReport.pdf Year: 2010 Country: Canada URL: http://ns.johnhoward.ca/images/YCLWFinalEvaluationReport.pdf Shelf Number: 136635 Keywords: Case ProcessingJuvenile CourtJuvenile OffendersLegal AidYoung Adult Offenders |
Author: Texas Criminal Justice Coalition Title: Texas Indigent Defense Commission: Helping Counties Implement What Works For System-Wide Cost Savings Summary: Since the passage of the Fair Defense Act (FDA) of 2001,Texas has made significant progress in improving the delivery of indigent defense services and providing access to counsel to defendants in need, but there is still more work to be done. The Texas Criminal Justice Coalition, in a new feature report, credits the Texas Indigent Defense Commission (Commission) and Texas counties for implementing the much needed changes of the FDA. System improvements include setting requirements for the timing of the appointment of counsel, clarifying the qualifications for appointed counsel, and requiring plans for determining a defendant's indigency. To assist counties in meeting the FDA requirements, the Commission provides valuable technical support and guidance on standards and reporting. Furthermore, the Commission distributes just over $30 million annually to Texas's 254 counties funding collected through court fines and other fees, not from the state's general revenue to support counties in their efforts to provided defense services. Unfortunately for counties, the cost of indigent services has more than doubled since the passage of the FDA in 2001, due largely to more defendants passing through the system. Although Commission funding has increased from its initial level, it still only covers about 30 percent of the increased costs incurred by counties. This report highlights why the Commission's work in supporting counties' forward-thinking strategies and best practices for providing indigent defense will result in a better, cost-saving justice system, worthy of state general revenue to help counties provide constitutionally required indigent defense to Texans. Details: Austin, TX: Texas Criminal Justice Coalition, 2013. 20p. Source: Internet Resource: Accessed September 28, 2015 at: http://www.texascjc.org/sites/default/files/uploads/TIDC%20Helping%20Counties%20Feature.pdf Year: 2013 Country: United States URL: http://www.texascjc.org/sites/default/files/uploads/TIDC%20Helping%20Counties%20Feature.pdf Shelf Number: 136825 Keywords: Indigent DefenseLegal Aid |
Author: Siegel, Jonah Aaron Title: Snapshot of Indigent Defense Representation in Michigan's Adult Criminal Courts: The MIDC'S First Survey of Local Court Systems Summary: Established in 2013 through the passage of Public Act 93, the Michigan Indigent Defense Commission (MIDC) aims to create statewide standards for the delivery of adult criminal indigent defense services. A key component of the MIDC's mandate is to develop a comprehensive understanding of the current operation of indigent defense representation in Michigan. To this end, the MIDC conducted a survey in 2015 of all circuit and district courts to gather basic information on the representation of poor people charged with crimes in their systems. Survey questions addressed the extent to which local public defense systems currently engage in evidence-based practices that have been identified nationally as characterizing high-quality and effective representation. With no current statewide standards dictating best practices, the survey revealed wide variation in how courts deliver services to indigent defendants. Key findings include: o Courts employ loose and varied guidelines in determining the eligibility of defendants for appointed counsel services. o In the majority of courts, defendants whose requests for counsel have been denied have no recourse to further pursue assistance. o With few exceptions, the vast majority of court systems rely on assigned counsel systems and/or contract defender systems to deliver representation to poor people. As of 2015, only six public defender offices were operational within the state, with a seventh starting operations in 2016. o There is little consistency in attorney compensation for appointed cases, with hourly rates ranging from $33 per hour to over $100 per hour. o Most appointed counsel systems do not operate independently from the judiciary. According to an informal scale, approximately one-quarter of assigned counsel systems can be considered independent, while 15% of contract defender and 40% of public defender office systems operate independently. o Only 6% of district courts require attorneys to be present at both the bail hearing and at arraignment, despite the documented importance of legal guidance in these early stages. o Sixty-three percent of court systems report the existence of confidential meeting space in both their courthouse and holding facility, though attorneys explain anecdotally that "private" meeting rooms are often filled to capacity, difficult to book, or composed of cubicle-type spaces that do not actually allow for confidential discussions. o Only 15% of indigent defense systems currently report the existence of local guidelines requiring participation in Continuing Legal Education courses. In combination with future surveys of court systems and attorneys, focus groups, and court observation, the findings from this survey will inform the development of both future standards and the creation of local compliance plans. Details: Lansing: Michigan Indigent Defense Commission, 2016. 23p. Source: Internet Resource: Accessed March 9, 2016 at: http://michiganidc.gov/wp-content/uploads/2015/04/MIDC-Court-Survey-Report-Feb-16.pdf Year: 2016 Country: United States URL: http://michiganidc.gov/wp-content/uploads/2015/04/MIDC-Court-Survey-Report-Feb-16.pdf Shelf Number: 138155 Keywords: Assistance to the PoorIndigent DefenseLegal AidPublic Defenders |
Author: Chicago Appleseed Title: Ensuring the Public Defense of Indigent Criminal Defendants in Cook County Summary: The report follows two years of working with stakeholders to correct problems identified by the Criminal Justice Advisory Committee that resulted in denial of a public defense for persons entitled to one. While additional work remains, there are early and clear indications that our reform efforts, along with Cook County judges' receptivity to change, have increased access to a public defense for indigent criminal defendants and improved adherence with Constitutional and statutory requirements. Details: Chicago: Chicago Appleseed Fund for Justice and Chicago Council of Lawyers, 2015. 13p. Source: Internet Resource: Accessed March 12, 2016 at: http://www.chicagoappleseed.org/wp-content/uploads/2015/08/Aug-2015-Indigent-Defense.pdf Year: 2015 Country: United States URL: http://www.chicagoappleseed.org/wp-content/uploads/2015/08/Aug-2015-Indigent-Defense.pdf Shelf Number: 138180 Keywords: Assistance to the PoorIndigent DefenseLegal AidPublic Defenders |
Author: University of California, Berkeley. School of Law. Chief Justice Earl Warren Institute on Law and Social Policy Title: Los Angeles County Juvenile Indigent Defense System Summary: The County's juvenile indigent defense system was created over twenty years ago. Since that time, juvenile defense has evolved; defense attorney's roles have expanded; and attorneys are required to serve their client not only during all phases of the delinquency process, but including representation of the juvenile once his/her case has concluded. Defense attorneys are now expected to provide post-disposition representation which ensures the youth receives services ordered by the court, such as educational, medical and psychological; representation at post-disposition meetings; assisting with the sealing or expunging of records; and appealing of cases. Unfortunately, the County's system has not changed nor kept up-to-date with these new and expanding defense requirements. The aforementioned concerns and other system improvements are discussed in more detailed below and in the attached consultants report. Details: Berkeley, CA: The Institute, 2016. 258p. Source: Internet Resource: Accessed April 9, 2016 at: http://file.lacounty.gov/bc/q1_2016/cms1_241526.pdf Year: 2016 Country: United States URL: http://file.lacounty.gov/bc/q1_2016/cms1_241526.pdf Shelf Number: 138614 Keywords: Defense AttorneysIndigent Defense, JuvenilesJuvenile OffendersLegal AidLegal Assistance to the PoorPublic Defenders |
Author: National Immigration Law Center Title: Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond Summary: The federal government has long interpreted the immigration laws to mean that immigrants have a right to be represented by counsel in their deportation proceedings, but not at government expense. Making the right to counsel a reality is an imperative for all immigrants in removal proceedings, but the situation is even more critical for detained immigrants. As this report shows, the very circumstances of detention make that right a legal fiction for almost all detained immigrants. Mounting empirical data show that having a lawyer to help navigate the complex maze of the immigration detention and court systems makes a profound difference in a person's ability to gain release from detention, challenge the government's grounds for seeking their deportation, and present and win a defense that allows the person to remain in the U.S. Innovative projects in New York and New Jersey have begun to provide what we are calling in this report "universal representation," i.e., representation to any detained immigrant within the jurisdiction of a particular immigration court who does not have a private lawyer and who meets certain income requirements. Inspired by these examples, other localities across the country are examining how they can develop similar programs. Details: Los Angeles: National Immigration Law Center, 2016. 48p. Source: Internet Resource: Accessed April 23, 2016 at: https://www.nilc.org/wp-content/uploads/2016/04/Right-to-Counsel-Blazing-a-Trail-2016-03.pdf Year: 2016 Country: United States URL: https://www.nilc.org/wp-content/uploads/2016/04/Right-to-Counsel-Blazing-a-Trail-2016-03.pdf Shelf Number: 138782 Keywords: Immigrant DetentionImmigrationImmigration EnforcementLegal AidRight to CounselUndocumented Immigrants |
Author: Hartley, Carolyn Copps Title: The Longer-Term Influence of Civil Legal Services on Battered Women Summary: Civil legal services are an under-recognized and under-studied response to intimate partner violence (IPV). We conducted a two-year, panel study of how the receipt of civil legal services provided by Iowa Legal Aid (ILA), influences safety, psychological well-being and economic self-sufficiency outcomes for women who experienced IPV residing in metro and non-metro communities in Iowa. We also examined the impact of the quality of the attorney-client relationship on women's sense of empowerment on these outcomes. The research questions (RQs) that guided our study were: 1) What is the direct relationship between civil legal services and revictimzation, psychological well-being, and economic self-sufficiency for women who experience IPV?, 2) Does the quality of the attorney-client relationship mediate the relationship between civil legal services and women's sense of empowerment?, 3) Does women's sense of empowerment mediate the relation between civil legal services on the study outcomes?, and 4) Are there differences in the relationship between the type of civil legal services received and outcomes for women residing in metro and non-metro communities? Details: Final report to the U.S. National Institute of Justice, 2016. 115p. Source: Internet Resource: Accessed June 13, 2016 at: https://www.ncjrs.gov/pdffiles1/nij/grants/249879.pdf Year: 2016 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/249879.pdf Shelf Number: 139412 Keywords: Battered WomenFamily ViolenceIntimate Partner ViolenceLegal AidRe-victimizationVictim ServicesViolence Against Women |
Author: Sixth Amendment Center Title: The Right to Counsel in Utah: An Assessment of Trial-Level Indigent Defense Services Summary: Under Supreme Court case law, the provision of Sixth Amendment indigent defense services is a state obligation through the Fourteenth Amendment. Utah is one of just two states requiring local governments to fund and administer all indigent defense services. Though it is not believed to be unconstitutional for a state to delegate its constitutional responsibilities to its counties and cities, in doing so the state must guarantee that local governments are not only capable of providing adequate representation, but that they are in fact doing so. The state of Utah, however, has no institutional statewide presence, and a limited statewide capacity, to ensure that its constitutional obligations under the Sixth and Fourteenth Amendments are being met at the local level. The result is that more people accused of misdemeanors are processed through Utah's justice courts without a lawyer than are represented by counsel - upwards of 62 percent of defendants statewide, according to the state Administrative Office of Courts' data. In fact, the data suggests that in most misdemeanor justice courts, the number of misdemeanor defendants proceeding without representation is closer to 75 percent. To the degree that many of these defendants are entitled to a lawyer, the U.S. Supreme Court calls this an "actual denial of counsel." Right to counsel issues in Utah's felony courts are different in kind than those of the misdemeanor courts. There, most indigent defendants are indeed provided with a lawyer. However, depending on the local jurisdiction, that lawyer may work under financial conflicts of interest, or may be beholden to a prosecutor to secure future work, or may be appointed too late in the process or be juggling too many cases to be effective. The U.S. Supreme Court calls this a "constructive" denial of counsel. These conclusions were reached after an 18-month study of public defense services in ten sample counties (Cache, Davis, Salt Lake, San Juan, Sanpete, Tooele, Uintah, Utah, Washington and Weber). The sample counties encompass 90 percent of the state's population and represent all eight felony-level trial court districts. The Utah Judicial Council Study Committee on the Representation of Indigent Criminal Defendants ("Study Committee") authorized the report funded through the U.S. Department of Justice, Bureau of Justice Assistance. Details: Boston: Sixth Amendment Center, 2015. 124p. Source: Internet Resource: Accessed September 16, 2016 at: http://sixthamendment.org/6ac/6AC_utahreport.pdf Year: 2016 Country: United States URL: http://sixthamendment.org/6ac/6AC_utahreport.pdf Shelf Number: 140318 Keywords: Criminal CourtsIndigent DefenseLegal AidRight to Counsel |
Author: Canada. Department of Justice. Evaluation Division Title: Special Advocates Program Evaluation: Final Report Summary: This document constitutes the final report for the evaluation of the Special Advocates Program (also referred to as the Program or SAP). The Department of Justice Canada administers the Program, whose purpose is to implement the set of legislative requirements contained in Division 9 of the Immigration and Refugee Protection Act (IRPA). 1.1. Context for the Evaluation In 2008, the Department of Justice Canada established the SAP in response to the 2007 decision of the Supreme Court of Canada in the Charkaoui case.1 In its ruling, the Court concluded that the existing scheme applicable to security certificates allowed for the use of evidence “that is never disclosed to the named person without providing adequate measures to compensate for this non-disclosure and the constitutional problems it causes”.2 The Program was first evaluated in 2010, as part of the evaluation of the Security Certificate Initiative led by Public Safety Canada.3 This time, the evaluation of the SAP was led by the Department of Justice Canada. Although it is meant to be a stand-alone evaluation, it is also expected to contribute to the 2014-2015 Horizontal Evaluation of the IRPA Division 9 and the National Security Inadmissibility Initiative led by Public Safety Canada. 1.2. Scope and Objectives of the Evaluation This evaluation covers all activities undertaken through the SAP over the past five years (2010– 11 to 2014–15). In accordance with the Policy on Evaluation, it addresses both the relevance and the performance of the Program. More specifically, the evaluation focuses on the following dimensions of the Program: • the extent to which SAP activities align with the role and current priorities of the federal government, as well as with the strategic objectives of the Department of Justice Canada; • the extent to which the Program responds to identified needs; and • the ability of the Program to achieve its expected outcomes efficiently and economically. Appendix A includes the complete list of issues and questions covered by the evaluation. 1.3. Structure of the Report This report contains five sections, including this introduction. Section 2 provides a description of the Program. Section 3 describes the methodology used to address the set of evaluation issues and questions. Section 4 summarizes the key findings that have emerged from the data collection process, while section 5 provides the overall evaluation conclusions and recommendations. Details: Ottawa: Department of Justice, 2015. 59p. Source: Internet Resource: Accessed December 14, 2016 at: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2015/sap-pas/sap-pas.pdf Year: 2015 Country: Canada URL: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2015/sap-pas/sap-pas.pdf Shelf Number: 146142 Keywords: ImmigrantsImmigrationLegal AidRefugees |
Author: Open Society Foundations Title: Improving Pretrial Justice: The Roles of Lawyers and Paralegals Summary: On any given day, some three million people are held in pretrial detention around the world. Countless millions are unnecessarily arrested and detained by law enforcement agencies annually. Those in pretrial detention are often held in conditions and subject to treatment that is far worse than that experienced by sentenced prisoners. Pretrial detainees—who have not been tried or found guilty—can languish behind bars for years. Some detainees may literally be lost in the system. Early intervention by lawyers and paralegals can have a positive impact on pretrial justice in general and pretrial detention in particular. Examples from across the globe show that early intervention schemes can reduce the use of pretrial detention, improve the performance of criminal justice personnel, lead to more rational and effective decision-making, and increase accountability and respect for the rule of law. Lawyers and paralegals have a central role to play in advising, assisting, and representing individuals at the pretrial stage of the criminal process. Ensuring legal assistance is available at the earliest possible time allows for the most effective use of resources, as cases are dealt with at the front end of the criminal justice system. Helping to ensure that appropriate decisions regarding pretrial detention and release are made early on can reduce the use of pretrial detention. This does not just benefit the individual suspect: there are wider benefits for the administration of justice and the efficiency and effectiveness of the criminal justice system as a whole. Early intervention can play a key role in educating the public about their rights, and improving transparency, accountability, and confidence in the criminal justice system. International law requires the provision of state funding for legal advice and representation where this is in the interests of justice and the suspect or defendant does not have sufficient means to pay for it. Legal assistance at the early stages of the criminal process is not only an important right for individuals but, when effectively implemented, also produces significant benefits for criminal justice systems and for social integration: it can save money and resources, reduce the use of pretrial detention, encourage diversion from formal criminal justice processes, reduce torture and corruption, improve the functioning of the criminal justice system, and increase transparency and foster confidence in the rule of law. Fortunately, there are replicable models—from developed and developing countries alike—of effective early intervention schemes involving lawyers and paralegals. Recommendations for governments: • Make available sufficient resources to comply with international and national obligations for the provision of legal advice and assistance at the early stages of the criminal process, in particular for those who do not have sufficient means to pay for it. • Develop structures and mechanisms to make the right to legal advice and assistance practical and effective. In particular, establish a legal aid institution that is independent of government and responsible for making the right to legal advice and assistance practical and effective—particularly at the early stages of the criminal process. • Review and update existing laws and procedures concerning: the right to legal advice and assistance at the early stages of the criminal process; access by lawyers and paralegals to police stations, police interviews, and pretrial detention and prison facilities; the recording of police interviews of suspects and witnesses; representation by paralegals where appropriate; the circumstances in which a defendant should be entitled to pretrial release; maximum periods of detention in police custody and pretrial detention; the maximum length of criminal proceedings and maximum number of adjournments; diversion from formal criminal proceedings; and mechanisms for enforcing them. • Ensure that reliable statistical information is routinely collected on critical aspects of the criminal justice system, including: the number of and reasons for arrests, the numbers of people charged and the nature of the charges, the numbers of people in pretrial detention, the length of detention, and the number of people receiving legal advice and representation. Recommendations for legal aid management organizations, NGOs, and professional legal bodies: • Seek to ensure that governments implement the recommendations set out above. • Identify existing mechanisms and resources for providing legal advice and assistance to suspects and defendants, especially at the early stages of the criminal process, including at police stations. Work with existing stakeholders, including bar associations, NGOs, the judiciary, and other criminal justice personnel, to identify the interventions that are most needed and how they may best be provided. • Map existing and potential sources of funding for the provision of legal advice and assistance and seek to match them with schemes designed to have the greatest impact on pretrial detention and pretrial justice generally. • Recognize the range of functions that can be performed through lawyer and paralegal schemes, including: advice, assistance, and representation to individuals; education and training for suspects, defendants, prisoners, communities, and criminal justice personnel; reform of systems, processes, and criminal justice policies. Consider which functions are likely to be the most effective given the local context. • Consider establishing pilot schemes to test the most appropriate structures and mechanisms for providing legal advice and assistance, with a view to evaluating the costs and demonstrating the financial and other benefits. • Document and disseminate promising practices and information about the financial and other benefits of early intervention by lawyers and paralegals. Details: New York: Open Society Foundations, 2012. 109p. Source: Internet Resource: Accessed February 8, 2017 at: http://eprints.uwe.ac.uk/16820/1/improving-pretrial-justice-20120416.pdf Year: 2012 Country: International URL: http://eprints.uwe.ac.uk/16820/1/improving-pretrial-justice-20120416.pdf Shelf Number: 144945 Keywords: BailLegal AidPretrial DetentionPretrial InterventionPretrial ReleasePublic Defenders |
Author: Gibbs, Penelope Title: Justice Denied? The experience of unrepresented defendants in the criminal courts Summary: What price justice? There have always been defendants in the magistrates' courts who have appeared without a lawyer, particularly in traffic cases. But our report suggests that there has been a significant increase in the number of people representing themselves who are not choosing to do so. The main reasons are: - ineligibility for legal aid due to income or type of offence, - lack of awareness of rights to legal aid, - lack of organisation. The judges and lawyers we interviewed are concerned that unrepresented defendants are at a disadvantage, and only differed in their views of how significant that disadvantage was. As one magistrate pointed out, luck plays its part. If an unrepresented defendant appears in front of a very empathetic bench, an experienced legal adviser and a prosecutor who is also used to defending, they are likely to be patiently coached through the process. But they may instead face a busy court, with no legal adviser, where inexperienced and/ or impatient advocates and judges are under pressure to deal with cases speedily. It takes time, skill and confidence to deal with unrepresented defendants well, and involves treading a fine line between providing support and maintaining the neutrality of the court process. Unfortunately, many lawyers felt that some colleagues and court staff do not go the extra mile and, even when they do, cannot make up for the lack of a defence advocate. Executive summary There are no official figures for the number of unrepresented defendants in the magistrates' courts, though all interviewees felt numbers had recently increased. Official statistics from the Crown courts indicate numbers have remained steady at around 6% over the last five years. The lack of data means unrepresented defendants in the magistrates' courts are invisible in policy terms. But we have found that the impact on court staff, judges and advocates of dealing with unrepresented defendants is immense - cases are taking longer, and explanation skills and patience are being tested. Many advocates doubt there are genuine savings to the State in denying legal representation to reluctant defendants, but the absence of a cost benefit analysis means we don't know for certain. What is clear is the cost to justice - interviewees had witnessed unrepresented defendants not understanding what they were charged with, pleading guilty when they would have been advised not to, and vice versa, messing up cross examination of witnesses, and getting tougher sentences because they didn't know how to mitigate. Most advocates felt more and better access to legally aided lawyers was the only answer. Certainly, that is one potential remedy, but we should also look at the whole system. Lawyers and judges themselves find it hard to keep up with criminal law and procedure, and are under constant pressure to speed up cases. If we are to deliver justice, we essentially have two options - to fund lawyers for all defendants who want or need them, or to change the whole system so that the needs of unrepresented defendants are integral. Details: London: Transform Justice, 2015. 34p. Source: Internet Resource: Accessed February 18, 2017 at: http://www.transformjustice.org.uk/wp-content/uploads/2016/04/TJ-APRIL_Singles.pdf Year: 2016 Country: United Kingdom URL: http://www.transformjustice.org.uk/wp-content/uploads/2016/04/TJ-APRIL_Singles.pdf Shelf Number: 146676 Keywords: Assistance to the PoorCriminal CourtsIndigent DefenseLegal Aid |
Author: Texas Defender Service Title: Lethally Deficient: Direct Appeals in Texas Death Penalty Cases Summary: An indigent capital defendant's right to trial counsel has been a component of the State of Texas' criminal justice system since its inception. The state's first Code of Criminal Procedure in 1857 directed trial courts to appoint counsel to represent any indigent defendant charged with a capital offense. This enactment gave Texas death penalty defendants the right to trial counsel 75 years before the United States Supreme Court recognized this right in Powell v. Alabama, 247 U.S. 45 (1932). Notwithstanding this history, Texas has failed to ensure that capital defendants receive effective representation throughout death penalty cases. During the 1990s and early 2000s, national news media and legal services organizations drew attention to pervasive problems with the performance of capital defense counsel in Texas, ranging from sleeping trial lawyers to post-conviction counsel who used the same writ for every client. Reform efforts focused on improving defense representation at trial and in state habeas corpus proceedings. In 2007, the Regional Public Defender for Capital Cases, which represents indigent capital defendants in more than 170 rural Texas counties, opened its doors. In 2009, the Texas Legislature created the Office of Capital Writs, which represents death-sentenced individuals in state post-conviction proceedings. Direct appeals, and the quality of representation provided to death row inmates in these proceedings, have remained unexamined. The following report is the first evaluation of defense counsel performance in death penalty direct appeal cases in Texas. These proceedings are important because they allow for full and unencumbered review of record claims—i.e., errors that are reflected in the trial record. Habeas proceedings, which typically follow direct appeal, might not permit review of record claims or might subject those claims to a more exacting standard before the death-sentenced inmate can vindicate his rights. In preparing this report, Texas Defender Service (TDS) reviewed documents for each of the 84 death penalty direct appeals decided by the Court of Criminal Appeals between January 1, 2009 and December 31, 2015. In Spring 2014, TDS began examining the assigned counsel system's statutory framework, county indigent defense plans, regional attorney qualification criteria, and attorney caseload data. We further reviewed attorney bills (when available) and the appellate record of each death penalty direct appeal— i.e., appellate briefs, motions filed with the Court of Criminal Appeals, orders on party motions, correspondence with the Court and among the parties, and opinions—decided during our survey window. Our review uncovered multiple and severe deficits in the provision of capital direct appeal representation. The deficits include inadequate resources, excessive attorney caseloads, inadequate briefing, and routine avoidance by appointed counsel of "optional procedures" such as reply briefs and applications for review by the U.S. Supreme Court. These deficiencies reflect systemic problems with the state’s indigent defense apparatus and not merely isolated failures by a handful of attorneys. Administrative and legislative reforms are necessary to ensure that the defense is adequately staffed with qualified counsel and preserve the integrity of the Texas criminal justice system. Details: Houston, TX: Texas Defender Service, 2016. 80p. Source: Internet Resource: Accessed February 22, 2017 at: http://texasdefender.org/wp-content/uploads/TDS-2016-LethallyDeficient-Web.pdf Year: 2016 Country: United States URL: http://texasdefender.org/wp-content/uploads/TDS-2016-LethallyDeficient-Web.pdf Shelf Number: 141173 Keywords: Assistance to the PoorCapital PunishmentDeath PenaltyIndigent DefenseLegal AidPublic Defenders |
Author: Sixth Amendment Center Title: The Right to Counsel in Indiana: Evaluation of Trial Level Indigent Defense Services Summary: Under U.S. Supreme Court case law, the provision of Sixth Amendment indigent defense services is a state obligation through the Fourteenth Amendment. In Indiana, however, counties are responsible in the first instance to fund and administer services. Although it has not been held unconstitutional for a state to delegate its constitutional responsibilities to its counties, in doing so the state must guarantee that local governments are not only capable of providing adequate representation, but that they are in fact doing so. Part I of this report assesses whether Indiana meets this constitutional demand and determines that the State of Indiana's ability to monitor county indigent defense systems is either entirely absent or severely limited, depending on the type of case. FINDING #1: The State of Indiana has no mechanism to ensure that its constitutional obligation to provide effective counsel to the indigent accused is met in misdemeanor cases in any of its courts, including city and town courts. Misdemeanors matter. For most people, our nation's misdemeanor courts are the place of initial contact with our criminal justice systems. Much of a citizenry's confidence in the courts as a whole - their faith in the state's ability to dispense justice fairly and effectively - is framed through these initial encounters. Although a misdemeanor conviction carries less incarceration time than a felony, the collateral consequences can be just as severe. Going to jail for even a few days may result in a person losing professional licenses, being excluded from public housing and student loan eligibility, or even being deported. A misdemeanor conviction and jail term may contribute to the break-up of the family, the loss of a job, or other consequences that may increase the need for both government-sponsored social services and future court hearings (e.g., matters involving parental rights) at taxpayers' expense. Despite this, the State of Indiana and the Indiana Public Defender Commission (IPDC) do not exercise any authority over the representation of indigent people charged with misdemeanors and facing the possibility of time in jail. Indiana counties may, if they so choose, receive a partial state reimbursement of their indigent defense costs for non-misdemeanor cases in exchange for meeting standards set by the IPDC. However, counties are free to - and do - forgo state money in order to avoid state oversight. The "Indiana Model" for right to counsel services both institutionalizes and legitimizes the counties' choice to not fulfill the minimum parameters of effective representation. What many Indiana counties have realized is that they can contract with private counsel on a flat fee basis for an unlimited number of cases for less money than it would cost them to comply with state standards (even factoring in the state reimbursement). FINDING #2: The State of Indiana has no mechanism to ensure that its constitutional obligation to provide effective counsel to the indigent accused is met in felony and juvenile delinquency cases, at both the trial level and on direct appeal, in counties and courts that do not participate in the IPDC reimbursement program. Thirty-seven of Indiana's 92 counties (40%) choose not to participate in the state's non-capital case reimbursement program as of June 30, 2015. The Commission has no authority whatsoever over the representation of indigent people in the courts located in these counties, and the courts and public defense attorneys do not have to abide by the Commission's standards. Additionally, by statutory exception, Lake County is allowed to limit its request for reimbursement to certain courts and case types. Most of Lake County's courts in which indigent representation is provided do not participate in the reimbursement program. Together, the non-participating counties and courts have trial level jurisdiction over nearly one-third of the population of Indiana. Although the Indiana Model for indigent defense could potentially work to ensure that counties uphold the state's Sixth and Fourteenth Amendment obligations to provide effective representation in counties that do participate in the IPDC reimbursement program(s), two things have hindered those efforts. First, state funding for the reimbursement plan has not always kept pace with its intended purpose of reimbursing 40% of non-misdemeanor costs. For example, reimbursements to counties for noncapital representation dropped to a low of only 18.3% in 2006. The inconsistency in reimbursements, in part, resulted in a number of counties leaving the program. Second, although the state is obligated to ensure effective representation to the indigent accused facing a potential loss of liberty in its five appellate districts, 91 circuit courts, 177 superior courts, and 67 city and town courts, for most of its history, IPDC operated with only a single staff member. In 2014, another staff position was added. No two people, no matter how talented, could ever possibly ensure compliance with standards in so many jurisdictions. Details: Boston: Sixth Amendment Center, 2016. 228p. Source: Internet Resource: Accessed May 13, 2017 at: https://www.nacdl.org/IndianaPublicDefense/ Year: 2016 Country: United States URL: https://www.nacdl.org/IndianaPublicDefense/ Shelf Number: 145460 Keywords: Criminal CourtsIndigent DefenseLegal AidMisdemeanorsRight to Counsel |
Author: Redpath, Jean Title: African Innovations in Pre-trial Justice Summary: This review seeks to showcase innovative interventions to reduce pre-trial detention in African countries, so that they may be adapted for use in other low and lower-middle income countries. The majority of pre-trial interventions in African have tended to focus on providing access to paralegal legal advice and assistance to persons already held in pre-trial detention in prisons. The Paralegal Advisory Service Institute (PASI) of Malawi is the archetypal example of an intervention in which paralegal lay workers with specific training provide legal advice and practical assistance to detainees in prisons. PASI's model operates on the premise that paralegals are less expensive than lawyers, yet as good as lawyers, because of their highly specific training on pre-trial issues. The PASI-type intervention reaches those most in need of assistance - persons held in pretrial detention in prisons - and frequently has immediate and profound impact on individuals and their families' lives through securing their release from frequently illegal, arbitrary or unduly lengthy detention. Adaption of the PASI model is however possible. In this review two interventions from Malawi are considered which arise from adaptions of the original PASI model. Both of these aim to prevent prison admissions to pre-trial detention, rather than to target those already in prison. One such adapted intervention from PASI itself seeks to provide early access to legal assistance in police stations and courts, preferably before a court has ordered that a detainee be remanded awaiting trial. The impact of the project includes the sensitisation of police officials to the rights of detainees and to other pathways to release of detainees before trial. The second Malawi intervention uses paralegals to facilitate diversion processes. Diversion processes in developed countries were originally designed for use with children, to redirect the resolution of disputes away from the criminal justice process. While diversion of children from the trial process is a relatively common intervention, diversion of adults is less so. The model being piloted in Malawi by CCJP is innovative in leveraging the influence and authority of traditional leaders in implementing an adult diversion scheme, while bringing together the formal and informal justice systems. The aim is to formalise these processes in law. Other longer-lasting impacts include the sensitisation of influential traditional leaders to the rights of detainees and to alternative methods of managing conflict. While the PASI paralegal model has been replicated to good effect across Africa and other developing regions, paralegals have not yet secured a right of appearance in court in any country in which they operate, and thus they cannot represent detainees in court. The legal assistance paralegals can provide is therefore limited. In response to these constraints, from Zambia has emerged a triage model of paralegal assistance. The triage model being piloted by the Prison Care and Counselling Association (PRISCCA) sees the empowerment of longterm prisoners, under the supervision of trained prison officials, in providing basic advice and assistance to fellow detainees. This is the first level of assistance. The second level of assistance involves roving paralegals providing outside practical assistance, such as tracing sureties, and screening cases to identity those in need of legal representation to identify who can or cannot be assisted without legal representation. Lawyers are the third level of assistance. Those who are in need of legal assistance are referred to lawyers, who are employed on retainer by PRISCCA to provide a set amount of legal representation per month. The triage model ensures that all detainees receive an appropriate level of assistance, according to their situation. As indicated above, paralegals have yet to be granted standing to appear in courts of law. They also tend to suffer from a lack of status and formal voice within criminal justice systems. In addition, variable standards of work by some service providers have affected the reputation of paralegals, and consequently the prospects for the formalisation of their role in national criminal justice systems have also been affected. In response to these issues, the Paralegal Alliance Network was established in Zambia. This network seeks to ensure a coherent voice for all paralegal organisations toward better co-operation in the justice system in Zambia, in setting and maintaining standards for paralegals, and in providing an amplified voice advocating for reform. Such advocacy includes advocacy toward formalisation of their role, including the right to appear in court on behalf of detainees. As a result, Zambia may become the first country to formalise the role of paralegals. Paralegal services are frequently targeted at detainees. Yet families of detainees are often well-placed to assist their detained family members, if they are empowered with sufficient information, regarding bail, sureties and the like. By providing empowerment through legal education to families, the Resource Oriented Development Initiative (RODI) in Kenya helps families secure the release of detainees. An associated rehabilitation and re-integration arm of the project aims to assist detainees in re-entering society and avoiding future detention and provides them with enterprise development and life skills. Systematic monitoring of prisons and places of detention is a key method of preventing human rights abuses, such as arbitrary prolonged detention and torture. Where statemandated institutions are failing to fulfil this role, civil society organisations may embark on monitoring by agreement with the state. In Mozambique, the Human Rights League (Liga) conducts regular prison monitoring which leads to the identification of cases for legal representation, results in reports which help to shape the human rights environment, and informs strategic litigation which in turn improves the policy environment relating to pretrial detention. These activities by Liga have led to permanent change in the pre-trial legislative framework. Ultimately assisting the state in improving the operation of the criminal justice system is necessary when criminal justice problems are systemic. In Liberia, Prison Fellowship Liberia (PFL) paralegals, and Justice and Peace Commission (JPC) lawyers work together with government in an intervention which has multiple entry points, but which seeks to identify and resolve systemic problems while providing emergency relief through expedited court processes. The close co-operation ensures long term impact through the implementation of systemic change. All of these organisations, through their interventions, bring something new to the pre-trial arena. It is hoped that by documenting their models, lessons can be drawn which may inform the development of future successful interventions in other contexts. Details: Cape Town: University of Western Cape, Civil Society Prison Reform Initiative, 2015. 46p. Source: Internet Resource: Accessed September 11, 2017 at: http://acjr.org.za/resource-centre/Innovations.pdf Year: 2015 Country: Africa URL: http://acjr.org.za/resource-centre/Innovations.pdf Shelf Number: 147214 Keywords: Legal AidLegal Assistance to the PoorParalegalsPretrial DetentionPretrial InterventionPretrial Justice |
Author: Coumarelos, Christine Title: Legal Aid NSW Domestic Violence Unit Process: evaluation of the first nine months Summary: The Domestic Violence Unit (DVU) of Legal Aid New South Wales (Legal Aid NSW) began operation in January 2016. It was established in response to an identified need for a more integrated and intensive response to the complex legal and non-legal needs of people experiencing or at serious risk of domestic and/or family violence (DFV). The DVU includes both lawyers and dedicated social workers and provides free legal advice, assistance, advocacy, ongoing litigation casework and social work support to help people experiencing DFV to stay safe and rebuild their lives. The DVU operates duty lawyer services at four local courts, two legal advice clinics, a telephone/email/webcam legal advice line and social work support services, and provides grants of legal aid. Working with other Legal Aid NSW and human services, the DVU aims to provide accessible services to people experiencing DFV, as well as appropriate and proportionate assistance to clients according to their level of legal and non-legal need, vulnerability and capability, including holistic services and case management as needed. The present evaluation -- The Law and Justice Foundation of NSW (the Foundation) was engaged by Legal Aid NSW to articulate a program logic for the DVU that would detail the DVU's aims, nature and desired outputs and outcomes. Using this program logic as a basis, the Foundation was engaged to conduct a process evaluation of the DVU's first nine months of operation, to examine its early implementation and inform any refinements to improve its operation. The Foundation also developed an evaluation framework that included a plan for the ongoing monitoring of the DVU, as well as a broad plan for an outcome evaluation to assess the DVU's impact on client outcomes, which was to be conducted at a later date. This report focuses on the process evaluation of the DVU, but also presents the program logic and broad evaluation framework. Details: Sydney: Law and Justice Foundation of New South Wales, 2018. 132p. Source: Internet Resource: Accessed June 7, 2019 at: http://www.lawfoundation.net.au/ljf/site/articleIDs/2F51E86CB837FB128525822700048FB6/$file/DVU_eval_Legal_Aid_NSW.pdf Year: 2018 Country: Australia URL: http://www.lawfoundation.net.au/ljf/site/articleIDs/2F51E86CB837FB128525822700048FB6/$file/DVU_eval_Legal_Aid_NSW.pdf Shelf Number: 156324 Keywords: Children Exposed to Violence Domestic Violence Family Violence Intimate Partner Violence Legal AidLegal Services Victim Services |