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Date: April 30, 2024 Tue
Time: 1:41 am
Time: 1:41 am
Results for legal assistance to the poor
9 results foundAuthor: Carmichael, Dottie Title: Representing the Mentally Ill Offender: An Evaluation of Advocacy Alternatives Summary: This report presents the findings of a two-year evaluation of the two most common models through which specialized attorneys advocate for mentally ill defendants in Texas: mental health public defenders and mental health courts. The report describes the study objectives, methods, and findings, and draws conclusions about emerging roles for the defense community in improving legal and therepeutic outcomes for people with mental illness. Details: Austin, TX: Texas Task Force on Indigent Defense, Office of Court Administration, 2010. 69p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 118740 Keywords: Legal Assistance to the PoorMental Health CourtsMentally Ill Offenders (Texas)Public Defenders |
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: Taylor, Kate Title: System Overload: The Costs of Under-Resourcing Public Defense Summary: The defender systems that people must turn to are too often completely overwhelmed; many dedicated defenders simply have too many cases, too little time and too few resources to provide quality or even adequate legal representation. Failing to provide the constitutionally guaranteed right to effective counsel, regardless of one’s ability to pay, is not simply a denial of justice, it is costly to individuals, families, communities and taxpayers. Individuals who do not receive quality defense may be more likely to end up behind bars or with a criminal conviction that will follow them for the rest of their lives. Families are torn apart when a loved one is sent to prison or can no longer work due to the collateral consequences of a conviction. Communities suffer both in terms of public safety and through unnecessarily losing friends, neighbors and co-workers who are locked up. And taxpayers bear the monetary costs when under-resourcing legal defense results in more—and more expensive—incarceration. Some public defender offices are providing quality legal representation to their clients, and countless dedicated defenders work hard for their clients despite the struggling systems around them. The problem lies in a system that saddles defenders with excessive workloads and inadequate resources. By not fully investing in public defense systems, states and counties are frequently choosing incarceration over justice, leading to increased costs now and in the future. With many states struggling with overwhelming criminal justice populations and incarceration costs, the need to address the chronic crisis of public defense is as great as ever. Details: Washington, DC: Justice Policy Institute, 2011. 46p. Source: Internet Resource: Accessed July 27, 2011 at: http://www.justicepolicy.org/uploads/justicepolicy/documents/system_overload_final.pdf Year: 2011 Country: United States URL: http://www.justicepolicy.org/uploads/justicepolicy/documents/system_overload_final.pdf Shelf Number: 122186 Keywords: Legal Assistance to the PoorPublic Defenders (U.S.) |
Author: Fabelo, Tony Title: Improving Indigent Defense: Evaluation of the Harris County Public Defender Summary: This report explores the challenge of providing quality indigent defense services in Harris County (Houston), Texas. For all jurisdictions, that challenge is to create and sustain an effective system that fulfills the jurisdiction's constitutional obligation, allows the fulfillment of each attorney's ethical obligation to each client, and ensures that punishment and rehabilitative resources are appropriately utilized. The Harris County Public Defender ("HCPD") began operations in early 2011. In 2012, HCPD contracted with the Justice Center for technical assistance and data analysis to assist in implementation and to evaluate the effectiveness of the office. The Justice Center interacted continuously with the office, conducting data analyses and reviewing processes to guide implementation. This report summarizes the collective knowledge generated from that work. The Justice Center set out to determine whether HCPD adds value to the criminal justice system of the county. The answer is "yes." The public defender adds significant value to the delivery of defense services in Harris County in three key ways: (1) better defense case outcomes than assigned counsel; (2) previously unavailable defense services such as training, mentoring, and advice; and, (3) defense participation in discussion of systemic issues. A blend between public and private delivery of services is recommended and exists in urban settings across the country. (Harris County was the last major urban jurisdiction in the country to add a public defender.) The demonstrated value added by the Harris County Public Defender is important for balance in a system that historically has depended heavily on assigned counsel. With HCPD now fully operational, it handles only 6 percent of the county's indigent defense trial-level cases. The public defender model depends upon lawyers who justify their taxpayer salaries, but are not so busy that they are unable to competently represent clients. In contrast, the assigned counsel system allows for attorneys, without the accountability built into the public defender model, handling much higher caseloads than those acceptable by non-binding national standards, and allows for much lower per-case costs. Outcome analyses showed lower per-case costs were connected with poorer outcomes. The tension between quality and cost is the key challenge for Harris County as well as other jurisdictions operating primarily with an assigned counsel system. Details: New York: Justice Center, Council of State Governments, 2013. 51p. Source: Internet Resource: Accessed November 6, 2013 at: http://www.courts.state.tx.us/tidc/pdf/JCHCPDFinalReport.pdf Year: 2013 Country: United States URL: http://www.courts.state.tx.us/tidc/pdf/JCHCPDFinalReport.pdf Shelf Number: 131594 Keywords: Indigent DefenseLegal Assistance to the PoorPublic Defenders (Texas, U.S.) |
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 consultant’s 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: 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 |