NCJ Number
11236
Journal
Cincinnati Law Review Volume: 42 Issue: 1 Dated: (1973) Pages: 1-46
Date Published
1973
Length
46 pages
Annotation
DEFICIENCIES IN THE PROCESS OF INDIGENT REPRESENTATION, AND PROPOSALS TO REMEDY INEFFECTIVE ASSISTANCE AT BOTH THE TRIAL AND APPELLATE COURT LEVEL.
Abstract
THE AUTHOR EXAMINES THE ACTIVITIES OF THE DEFENSE COUNSEL, THE PROSECUTOR, AND THE TRIAL JUDGE, AS WELL AS THE SYSTEM AND THE GUILTY PLEA, AS THEY CONTRIBUTE TO THE PROBLEM OF INEFFECTIVE REPRESENTATION. DRAWING ON HIS OWN EXPERIENCE IN THE US COURT OF APPEALS IN THE DISTRICT OF COLUMBIA, THE AUTHOR DISCUSSES THE PUBLIC DEFENDER SERVICE AND PRIVATE ATTORNEYS, WITH SPECIAL EMPHASIS ON THE NEOPHYTE LAWYER. PROPOSALS FOR IMPROVING THE ASSISTANCE OF COUNSEL INCLUDE THE CERTIFICATION OF CRIMINAL LAW SPECIALISTS AND THE SHIFTING OF THE POWER OF APPOINTMENT FROM TRIAL JUDGES TO A PUBLIC AGENCY, INDEPENDENT OF THE COURTS. IN POINTING OUT THE SHORTCOMINGS OF THE JUDICIAL SYSTEM, THE AUTHOR CONSIDERS REASONS WHY APPELLATE COURTS AVOID THE PROBLEM OF INADEQUATE REPRESENTATION OF INDIGENT DEFENDANTS. THE AUTHOR RECOMMENDS A REAPPRAISAL OF THE ROLE OF DEFENSE TO THE INDIGENT DEFENDANT AT THE TIME OF SENTENCING. THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE USE OF THE ASSISTANCE OF OFFENDER REHABILITATION DIVISION (ORD) IS DESCRIBED. SOCIAL WORKERS IN ORD, IN COOPERATION WITH COUNSEL, PUT TOGETHER A PROGRAM OF REHABILITATION, TRAINING, FAMILY COUNSELING AND ASSISTANCE, MENTAL HEALTH SERVICES, AND EMPLOYMENT TO PRESENT TO A SENTENCING JUDGE. ORD ALSO PROVIDES INFORMATION TO SUPPLEMENT PRESENTENCE REPORTS AND SUGGESTS ALTERNATIVE DISPOSITIONS.