NCJ Number
17002
Date Published
1974
Length
10 pages
Annotation
A METHODOLOGY FOR RECONCILING GOALS WITH ALTERNATIVES IN DECIDING ON HOW TO PROVIDE LEGAL COUNSEL TO THE POOR IN BOTH CIVIL AND CRIMINAL CASES.
Abstract
THE METHODOLOGY BASICALLY INVOLVES FIVE STEPS. FIRST, DECIDE WHAT GOALS OR CRITERIA ONE WISHES TO ACHIEVE. SECOND, DECIDE WHAT ALTERNATIVES ARE AVAILABLE FOR DIFFERENT TYPES OF SITUATIONS. THIRD, DECIDE HOW THE ALTERNATIVES RELATE TO THE GOALS. FOURTH, IF IT IS NOT OBVIOUS WHICH ALTERNATIVE BEARS THE CLOSEST RELATION TO THE GOALS, ONE MAY HAVE TO WEIGHT THE GOALS. FIFTH, IN LIGHT OF THE RELATIONS BETWEEN THE ALTERNATIVES AND THE WEIGHTED GOALS, CHOOSE THE BEST ALTERNATIVE FOR EACH SITUATION ASSUMING ONLY ONE ALTERNATIVE CAN BE CHOSEN. THESE STEPS ARE APPLIED TO THE PROBLEM OF HOW TO PROVIDE INDIGENT COUNSEL GIVEN THE GOALS OF INEXPENSIVENESS; VISIBILITY AND ACCESSIBILITY; POLITICAL FEASIBILITY; AND SPECIALIZED COMPETENCE AND AGGRESSIVE REPRESENTATION. THE ALTERNATIVES FOR CIVIL CASES ARE VOLUNTEER COUNSEL, A GOVERNMENT-PAID LAWYER, AND A JUDICARE SYSTEM. FOR CRIMINAL CASES THEY ARE VOLUNTEER COUNSEL, ASSIGNED COUNSEL, AND A PUBLIC DEFENDER SERVICE.