NCJ Number
63330
Date Published
1975
Length
59 pages
Annotation
EFFECTIVENESS OF THE 'DUTY COUNSEL SCHEME' FOR PROVIDING LEGAL SERVICES TO INDIGENT DEFENDANTS WAS STUDIED IN ONE AUSTRALIAN JURISDICTION AND FOUND TO BE A VALUABLE CONTRIBUTOR TO THE PRINCIPLE OF EQUAL REPRESENTATION.
Abstract
DUTY COUNSEL ARE LAWYERS ON A ROSTER SYSTEM ATTENDING AT MAGISTRATES COURTS AND POLICE LOCK-UPS BEFORE AND DURING COURT SESSIONS, WHO OFFER LEGAL ADVICE TO DEFENDANTS LACKING PRIVATE REPRESENTATION. THEY ADVISE DEFENDANTS REGARDING PLEA AND ACT FOR THEM IN COURT. THE STUDY INVOLVED OBSERVATION OF THE DAILY ACTIVITIES OF THE DUTY COUNSEL AND THE ASSISTING CLERK AND WELFARE OFFICER FOR A TOTAL OF 18 COURT DAYS BETWEEN DECEMBER 1974 AND FEBRUARY 1975. COURT PROCEEDINGS WERE DOCUMENTED, DEFENDANTS INTERVIEWED, AND DATA COMPARED WITH RECORDS FROM 1973 WHEN THE SCHEME WAS NOT YET IN OPERATION. SPECIFIC DATA FOR THE NUMBER OF CASES, THE KINDS OF OFFENSES AND PLEAS, ELECTION OF SUMMARY JURISDICTION, AND THE RACE OF THE DEFENDANTS WERE ANALYZED TO ILLUMINATE THE DISCERNIBLE EFFECTS OF DUTY COUNSEL INVOLVEMENT. FINDINGS INDICATE THAT THE SERVICE IS MOST USEFUL AT THE LOCK-UP POINT TO ALLAY DEFENDANTS' APPREHENSIONS. DURING COURT PROCEEDINGS, THE DUTY COUNSEL'S KNOWLEDGABLE PRESENCE HELPED THE CLIENT AS WELL AS THE COURT OFFICIALS. IN ADDITION, THE PROGRAM FUNCTIONS IN AN EDUCATIONAL CAPACITY, INTRODUCING FORMERLY IGNORANT PEOPLE TO LEGAL SERVICES AND AN UNDERSTANDING OF THEIR RIGHTS IN THE LEGAL SYSTEM. RECOMENDATIONS ARE MADE FOR INCREASING THE ACCESSIBILITY OF THE DUTY COUNSEL AND UTILIZING THE DUTY CLERK AND WELFARE OFFICER SERVICES MORE EFFECTIVELY. DUTY COUNSEL SUPPORT AND ADVICE HELP REDRESS THE IMBALANCE TO THE DISADVANTAGED CRIMINAL DEFENDANT IN A SYSTEM OF CRIMINAL PROCEDURE BASED ON THE ADVERSARY MODE. CHARTS ARE INCLUDED AND FOOTNOTES APPENDED. (MRK)