HELP FOR THE INDIGENT ACCUSED - THE EFFECT OF ARGERSINGER

• NCJ Number: 12699
• Author(s): N E GOLDBERG; M J HARTMAN
• Date Published: 1972
• Length: 12 pages
• Corporate Author: World Correctional Service Ctr
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM NLADA BRIEFCASE, V 30, N 6, JULY 1972

Annotation

PROPOSAL THAT DEMAND FOR DEFENSE COUNSEL BE MET BY A NATIONAL COMMISSION TO COORDINATE THE ESTABLISHMENT AND EXPANSION OF DEFENDER PROGRAMS THROUGHOUT THE U.S.

Abstract

IN A RECENT CASE, ARGERSINGER V. HAMLIN, THE SUPREME COURT HELD THAT MISDEMEANANT CANNOT BE IMPRISONED AS A RESULT OF CONVICTION IF HE HAD NOT BEEN REPRESENTED BY COUNSEL AT TRIAL. THE AUTHORS RECOMMEND THAT THE GREAT INCREASE IN DEFENDER SERVICES THAT THIS DECISION WILL COMMAND BE PROVIDED BY ORGANIZED, STATEWIDE SYSTEMS MANNED BY FULL-TIME PUBLIC DEFENDERS. THIS IS THE BEST SYSTEM FOR ENSURING EXPERTISE, COST SAVINGS, ADEQUATE SUPERVISION AND TRAINING, SUFFICIENT NUMBERS OF LAWYERS TO MEET THE NEED, FREEDOM FROM POLITICAL CONTROL AND ZEALOUS ADVOCACY, AND REDUCTION AND EVENTUAL ELIMINATION OF COURT BACKLOGS. FEDERAL FUNDING, HOWEVER, WILL BE NECESSARY IN SPITE OF STATE CONTROL.