NCJ Number
57206
Date Published
1978
Length
305 pages
Annotation
FINDINGS AND RECOMMENDATIONS ARE REPORTED FROM AN ASSESSMENT OF THE QUALITY OF CRIMINAL LEGAL SERVICES PROVIDED THE POOR IN MASSACHUSETTS DISTRICT AND MUNICIPAL COURTS, AS WELL AS THE STATE'S BASIC TRIAL COURTS.
Abstract
THE PUBLICATION OF THIS REPORT ENDS A 3-YEAR STUDY BY THE ACTION PLAN FOR LEGAL SERVICES PROJECT OF THE BOSTON BAR ASSOCIATION DEALING WITH THE NEEDS OF THE POOR FOR CIVIL AND CRIMINAL LEGAL SERVICES. A 1977 REPORT FOCUSED ON THE CIVIL LEGAL NEEDS OF THE POOR. BASED ON A 2-YEAR ANALYSIS OF THE VARIOUS DEFENSE COUNSEL SYSTEMS; A REVIEW OF THE DATA TAKEN FROM THE RECORDS OF 1,800 COURT CASES; AND INTERVIEWS WITH COURT PERSONNEL, DEFENDANTS, AND OTHERS ASSOCIATED WITH THE DISTRICT COURT SYSTEM, FINDINGS REVEAL THAT THE OUTCOMES OF MOST CRIMINAL CASES IN THE DISTRICT COURTS ARE NOT SIGNIFICANTLY AFFECTED BY THE EFFORTS AND CAPABILITIES OF DEFENSE COUNSEL. ADDITIONAL FINDINGS SHOW THE ADVERSE EFFECTS ON THE DISTRICT COURT PROCESS OF THE DE NOVO SYSTEM AND THE LACK OF UNIFORMITY IN THE ADMINISTRATION OF JUSTICE FROM ONE COURT TO ANOTHER. THESE DEBILITATING SYSTEMIC CONDITIONS MAKE IT POSSIBLE FOR A POORLY ADMINISTERED DEFENSE SYSTEM TO HAVE THE SAME PERFORMANCE RECORD AS A WELL-PLANNED AND PROPERLY MANAGED DEFENSE SYSTEM. THUS, A DUAL APPROACH TO REFORM IS RECOMMENDED WHICH AIMS AT RESOLVING PROBLEMS WITHIN THE COURT SYSTEM WHILE MAKING APPROPRIATE IMPROVEMENTS IN THE ORGANIZATION AND DELIVERY OF DEFENSE SERVICES TO THE POOR. THE FOLLOWING ARE LONG-TERM RECOMMENDATIONS FOR THE STATE: (1) ESTABLISH A NEW STATEWIDE DEFENDER AGENCY WHICH WOULD COMBINE PUBLIC DEFENDER PROGRAMS AND THOSE INVOLVING THE PRIVATE BAR; AND (2) FUND A STATEWIDE SYSTEM OF DEFENSE SERVICES TO ALLEVIATE THE BURDEN ON THE COUNTIES. ADDITIONAL FINDINGS AND RECOMMENDATIONS ARE INCLUDED. TABULAR DATA ARE INCLUDED, AND APPENDIXES PROVIDE SUPPLEMENTARY MATERIALS. (RCB)