NCJ Number
88414
Journal
University of Cincinnati Law Review Volume: 51 Issue: 3 Dated: (1982) Pages: 574-615
Date Published
1982
Length
42 pages
Annotation
The underlying rationale of the Supreme Court's decision, United States ex rel. Smith v. Baldi (denying the constitutional right of indigent defendants to use Government funds for expert witness services) has been eroded. Changes should be made in section 3006A(e) of the Criminal Justice Act of 1964 to help resolve this complex issue.
Abstract
Since the 1953 Baldi decision, the Supreme Court has added substantially to the effect procedural due process has on indigent criminal defendants, suggesting that the holding of Baldi has eroded. However, the Griffin Douglas Doctrine and subsequent interpretations of 14th amendment rights to equal protection and 6th amendment rights to compulsory process and effective assistance of counsel have offered little more protection to defendants regarding expert defense services. Commonwealth v. Phelan illustrates court-created obstacles in the paths of defendants who request expert witnesses, such as requiring the defendant to articulate the specific reason expert services are needed prior to consulting an expert. The Criminal Justice Act of 1964 gave Federal criminal defendants a statutory right to request Government funds for defense services for the express purpose of diminishing the role poverty plays in obtaining a fair trial and experienced counsel. However, an analysis of case law that interprets the 'necessary to an adequate defense' language indicates that the statute's purpose has not been achieved. The proposed revision eliminates the showing of necessity and shifts the burden of making the decision on the defendant's request to defense counsel. A total of 250 footnotes are given.