NCJ Number
56364
Journal
CRIMINAL LAW QUARTERLY Volume: 20 Issue: 4 Dated: (SEPTEMER 1978) Pages: 468-477
Date Published
1978
Length
10 pages
Annotation
AN ARTICLE, ADVOCATING WITHOUT RESERVATION, THE ESTABLISHMENT OF A PUBLIC DEFENDER SYSTEM IN ONTARIO IS CRITIQUED.
Abstract
IN AN EDITORIAL OF 'THE CRIMINAL LAW QUARTERLY' (A. MEWETT, 'LEGAL AID' 20 CRIM. L. Q. 121, 1978) A PLEA WAS MADE FOR ADOPTING A PUBLIC DEFENDER SYSTEM TO REPLACE THE EXISTING LEGAL AID SYSTEM IN ONTARIO. IT WAS ARGUED THAT THE EXISTING LEGAL AID SYSTEM IS NOT COST-BENEFICIAL. ARGUING FROM STUDIES CONDUCTED IN THE UNITED STATES DEALING WITH POSITIVE AND NEGATIVE ASPECTS OF VARIOUS INDIGENT DEFENSE SYSTEMS, THE AUTHOR OF THIS CRITUQUE MAINTAINS THAT THERE IS NO EMPIRICAL EVIDENCE PROVING A PUBLIC DEFENDER SYSTEM IS COST-BENEFICIAL WHEN COMPARED TO OTHER SYSTEMS. THE MEASURES OF THE EFFECTIVENESS OF VARIOUS INDIGENT DEFENSE SYSTEMS CONSIDERED ARE 'OUTCOMES' TO THE DEFENDANT, THE ATTITUDE OF THE DEFENDANT TOWARD THE SERVICES PROVIDED, AND THE COSTS OF THE SYSTEM. STUDIES EXAMINING OUTCOMES FOR DEFENDANTS DO NOT SUPPORT THE CLAIM THAT COURT-ASSIGNED ATTORNEYS ACHIEVE INFERIOR OUTCOMES, COMPARED TO PUBLIC DEFENDERS. OUTCOMES OF VARIOUS SYSTEMS VARY FROM JURISDICTION TO JURISDICTION, AND IT MUST STILL BE DETERMINED WHAT IS A GENERALLY ACCEPTED MEASURE OF A BENEFICIAL OUTCOME FOR A DEFENDANT. REGARDING THE ATTITUDE OF DEFENDANTS TOWARD VARIOUS SYSTEMS, EMPIRICAL STUDIES HAVE FOUND THAT DEFENDANTS PREFER THE ASSIGNED-COUNSEL MODEL, LARGELY BECAUSE OF SUSPICIONS THAT A PUBLIC DEFENDER'S OFFICE IS TIED TO THE ESTABLISHMENT, THUS CONNECTING IT TO THE PROSECUTION SIDE. LITTLE DATA IS AVAILABLE TO CONVINCINGLY COMPARE PUBLIC DEFENDER AND LEGAL AID SYSTEMS. MORE EXTENSIVE CANADIAN RESEARCH IS NEEDED REGARDING THE OUTPUTS OF DIFFERENT KINDS OF DEFENDER SYSTEMS. THE DECISION TO MOVE IMMEDIATELY TO A PUBLIC DEFENDER SYSTEM WOULD, AT THE PRESENT TIME, BE PREMATURE AND UNWARRANTED FROM THE DATA CURRENTLY AVAILABLE. FOOTNOTES AND BIBLIOGRAPHY ARE PROVIDED. (RCB)