DID YOU HAVE A LAWYER WHEN YOU WENT TO COURT. NO, I HAD A PUBLIC DEFENDER (FROM CRIMINAL JUSTICE - LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

• NCJ Number: 25806
• Author(s): J D CASPER
• Date Published: 1972
• Length: 11 pages
• Corporate Author: Wadsworth Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A DESCRIPTION OF THE FUNCTIONS AND EFFECTIVENESS OF THE PUBLIC DEFENDER FROM THE DEFENDANTS' PERSPECTIVE, INDICATING THAT MOST DEFENDANTS CONSIDER THE PUBLIC DEFENDER AS PART OF THE PROSECUTION TEAM.

Abstract

EXCERPTS FROM THE SEVENTY-TWO INTERVIEWS ON WHICH THIS STUDY IS BASED ARE PRESENTED. AS THESE CONVICTED OFFENDERS SAW IT, THE BEHAVIOR OF LAW ENFORCEMENT OFFICIALS WAS ESSENTIALLY THE SAME AS THE BEHAVIOR OF LAW VIOLATORS. MANY OF THESE MEN SAW THE PUBLIC DEFENDER AS A SURROGATE FOR THE PROSECUTOR RATHER THAN AS THEIR OWN REPRESENTATIVE. FACTORS WHICH GENERATED MISTRUST OF THE PUBLIC DEFENDER WERE: THE SHORT AMOUNT OF TIME SPENT WITH THE PUBLIC DEFENDER; THE ASSUMED CAREER ASPIRATIONS OF THE DEFENDERS; AND THE FACT THAT THE DEFENDER IS PAID BY THE STATE. IT WAS FOUND THAT ALTHOUGH ALMOST EQUAL SENTENCES WERE GIVEN WHEN OFFENDERS WERE REPRESENTED BY PUBLIC AND PRIVATE DEFENDERS, THE OFFENDERS FELT THAT HAD RECEIVED BETTER REPRESENTATION FROM THE PRIVATE ATTORNEYS. THE AUTHOR SUGGESTS THAT AN ALTERNATIVE DEFENDER SYSTEM WHICH DOES NOT INVOLVE OBVIOUS AND DIRECT PAYMENT BY THE STATE TO DEFENSE LAWYERS BE EMPLOYED, VOUCHER SYSTEMS, FOR EXAMPLE, COULD ENABLE A DEFENDANT TO CHOOSE AND 'PAY' HIS OWN ATTORNEY, THEREBY CONVINCING HIM THAT HE HAD A LAWYER WHO TRULY REPRESENTED HIM.