IMPLEMENTATION OF ARGERSINGER V HAMLIN - A PRESCRIPTIVE PROGRAM PACKAGE

• NCJ Number: 13948
• Author(s): N B ELKIND; M L COLTON; F L BREMSON
• Date Published: 1974
• Length: 80 pages
• Grant Number(s): 72-TA-99-0022
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

REVIEW OF ALTERNATIVE METHODS OF PROVIDING DEFENSE SERVICES TO INDIGENTS CHARGED WITH MISDEMEANOR OFFENSES.

Abstract

IN ARGERSINGER V. HAMLIN, THE SUPREME COURT EXTENDED THE RIGHT TO COUNSEL TO ALL MISDEMEANOR AND PETTY OFFENSE CASES THAT CARRY A POSSIBLE JAIL SENTENCE. THE PURPOSE OF THIS REPORT IS TO SERVE AS A GUIDEBOOK FOR INDIVIDUALS AND AGENCIES RESPONSIBLE FOR DEVELOPING AND IMPLEMENTING DEFENSE SERVICES IN RESPONSE TO ARGERSINGER. IT OPENS WITH A DISCUSSION OF THE TYPES OF INFORMATION THAT ARE REQUIRED TO PLAN AND IMPLEMENT SYSTEMS FOR PROVIDING DEFENSE SERVICES, AND IDENTIFIES SPECIFIC DATA ITEMS NEEDED AS WELL AS THE METHODS FOR COLLECTING THIS DATA. SUBSEQUENT CHAPTERS PROVIDE MORE DETAILED DESCRIPTIONS OF ALTERNATIVE PUBLIC DEFENDER AND ASSIGNED COUNSEL SYSTEMS, AS WELL AS SPECIFIC RECOMMENDATIONS ON HOW TO DESIGN AND IMPLEMENT SUCH SYSTEMS. WHEREVER POSSIBLE, THE STUDY TEAM ACQUIRED INFORMATION CONCERNING INNOVATIVE METHODS OF PROVIDING DEFENSE SERVICES AND THESE FINDINGS ARE DETAILED IN CHAPTER VI. IT SHOULD BE NOTED THAT ALTHOUGH EVERY JURISDICTION OF NECESSITY PROVIDES SOME SORT OF DEFENSE SERVICES, ONLY A FEW OF THESE SYSTEMS CAN BE VIEWED AS INNOVATIVE ALTERNATIVES TO PUBLIC DEFENDER AND ASSIGNED COUNSEL SYSTEMS. IN AREAS WHERE NEW APPROACHES HAVE BEEN TRIED, THE VERY UNIQUENESS OF THE SYSTEMS OFTEN MAKES IT DIFFICULT TO PROVIDE A MEANINGFUL COMPARATIVE EVALUATION WITH MORE CONVENTIONAL FORMS OF DEFENSE SERVICES AT THIS TIME. THUS, IN SEVERAL INSTANCES DEFENDER SYSTEMS ARE DESCRIBED BUT NO EVALUATION IS MADE. CHAPTER VII FOCUSES ON THE PROBLEMS OF DETERMINING INDIGENCY AND ELIGIBILITY OF DEFENDANTS FOR DEFENSE SERVICES ALTHOUGH THIS ISSUE WAS NOT DISCUSSED IN THE ARGERSINGER DECISION, POLICIES AND PRACTICES IN THIS AREA HAVE AN IMPORTANT IMPACT ON THE WAY THAT DEFENDER SYSTEMS OPERATE. THE FINAL CHAPTER FOCUSES ON THE USE OF LAW STUDENTS AND LEGAL PARAPROFESSIONALS IN THE EXPANSION OF THESE SERVICES AS SUGGESTED IN THE CONCURRING OPINION OF JUSTICE WILLIAM J. BRENNAN, JR. (AUTHOR ABSTRACT MODIFIED)