NCJ Number
42829
Date Published
1976
Length
241 pages
Annotation
THIS REPORT INVESTIGATES THE CURRENT NEW HAMPSHIRE PRACTICES AND PROCEDURES FOR SUPPLYING DEFENSE SERVICES TO NEEDY DEFENDANTS, AND CONTAINS 41 RECOMMENDATIONS FOR IMPROVEMENT OF THESE SERVICES.
Abstract
THE STUDY SOUGHT TO VIEW THE PROVISION OF DEFENSE SERVICES FROM THE PERSPECTIVE OF THE COURT SYSTEM, WHICH MUST MAINTAIN ITS DUAL RESPONSIBILITY - TO PROTECT INDIVIDUAL RIGHTS AND EFFECTIVELY ADMINISTER JUSTICE. THE REPORT OPENS WITH A HISTORICAL PERSPECTIVE ON THE RIGHT TO COUNSEL. SPECIFIC ASPECTS OF DEFENSE SERVICES ARE THEN EXAMINED IN DETAIL, AND RECOMMENDATIONS FOR IMPROVEMENT ARE NOTED. AMONG THE SUBJECTS DISCUSSED ARE WAIVER, MEASURES OF ELIGIBILITY, THE USE OF 'PARTIAL ELIGIBILITY' FOR SOME LESS NEEDY DEFENDANTS, REPAYMENT FOR DEFENSE SERVICES, AND PROCEDURES FOR ADMINISTERING A DEFENDER SYSTEM. COMMENTARY AND RECOMMENDATIONS ARE ALSO PROVIDED ON DATA COLLECTION AND ANALYSIS AND ON PLANNING FOR DEFENSE SERVICES. BASED ON THE FINDINGS RELATED TO DATA COLLECTION AND PLANNING, A COST/BENEFIT COMPARISON IS MADE OF THREE DEFENDER SYSTEMS: A STATEWIDE PUBLIC DEFENDER SYSTEM THE MIXED SYSTEM CURRENTLY USED IN NEW HAMPSHIRE, AND A PURE ASSIGNED-COUNSEL SYSTEM. ALTHOUGH NO QUANTIFIABLE DIFFERENCES BETWEEN THE THREE WERE FOUND, IT IS NOTED THAT IN THE LONG RUN, PUBLIC DEFENDERS