NCJ Number
209155
Date Published
2004
Length
76 pages
Annotation
This report presents the American Bar Association’s (ABA's) findings regarding how well the American criminal justice system is meeting citizens’ right to counsel.
Abstract
In 1963, the U.S. Supreme Court rendered one of its most important decisions in the case of Gideon v. Wainwright. In this case, the Court found that the sixth and 14th amendments to the Constitution guarantee the right to counsel for indigent persons accused of crimes in State felony proceedings. In 2003, the Standing Committee on Legal Aid and Indigent Defendants (SCLAID) of the ABA convened four public hearings regarding the provision of indigent defense services; this report presents the findings of these hearings and the recommendations of the ABA. Part 1 of the report offers background information on the right to counsel, the systems and policies in place for providing indigent defense services, the importance of adequate defense representation, and the scope of the ABA hearings. Part 2 reviews the problems within the indigent defense system that were identified during the hearings. These problems include a lack of adequate funding for indigent defense, which affects the ability to attract and retain competent defense attorneys and to pay for experts and investigative services. Part 3 presents information on recent efforts in some States to improve funding of indigent defense and to provide for greater State oversight of indigent representation. Part 4 describes promising programs in several States that improve the quality and oversight of indigent defense. Part 5 presents the main findings of the hearings, including the finding that lawyers are not provided in numerous court proceedings in which the Constitution or State law guarantees the right to counsel, that funding for indigent defense services is excessively inadequate, and that judges and elected officials often impose undue influence over indigent defense attorneys. Part 6 provides the seven recommendations of the ABA, which include the Federal Government provision of substantial financial support for indigent defense services. Chart, appendixes, endnotes