NCJ Number
16284
Journal
Criminal Law Bulletin Volume: 11 Issue: 1 Dated: (JANUARY-FEBRUARY 1975) Pages: 67-76
Date Published
1975
Length
10 pages
Annotation
SYNOPSIS OF FINDINGS AND RECOMMENDATIONS FROM THE BOSTON UNIVERSITY CENTER FOR CRIMINAL JUSTICE REPORT ON THE PRACTICAL MEANING OF ARGERSINGER AND MINIMUM STANDARDS FOR PROVIDING COUNSEL FOR NONFELONY DEFENDANTS.
Abstract
ARGERSINGER REQUIRES THAT ALL DEFENDANTS FACING POSSIBLE INCARCERATION BE REPRESENTED BY COUNSEL. THE FIVE VOLUME BOSTON UNIVERSITY CENTER REPORT SUMMARIZED HERE RECOMMENDS A BROAD DEFINITION OF 'IMPRISONMENT' TO INCLUDE ANY DEPRIVATION OF LIBERTY, WHETHER OR NOT SERVED IN A CORRECTIONAL FACILITY. TO MEET THIS INCREASED DEMAND FOR LAWYERS, THE CENTER SUGGESTS THAT ORGANIZED DELIVERY SYSTEMS CONSISTING OF BOTH PUBLIC DEFENDERS AND THE PRIVATE BAR BE USED. FINANCIAL ELIGIBILITY CAN BE EITHER SELF-DETERMINED OR BASED ON THE BUREAU OF LABOR STATISTICS STANDARD OF LIVING FIGURES. THE CENTER STATES THAT THE LITERAL MEANING OF THE CONSTITUTIONAL LANGUAGE PROVIDING COUNSEL 'IN ALL CRIMINAL PROSECUTIONS' SHOULD BE FOLLOWED, AND CARE TAKEN TO ENSURE THAT WAIVERS OF THIS RIGHT ARE KNOWING AND INTELLIGENT AND NOT BASED ON A SUBTLE FORM OF COERCION BASED ON JUDICIAL IMPATIENCE. FINALLY, THE CENTER NOTES THAT THE INCREASED BURDEN ON SCARCE CRIMINAL JUSTICE SYSTEM RESOURCES MAY FORCE A LEGISLATIVE REEXAMINATION OF WHAT SHOULD BE A CRIME AND POSSIBLY A DECRIMINALIZATION OF VICTIMLESS OFFENSES ALONG WITH INCREASED USAGE OF ALTERNATIVE TREATMENT STRATEGIES.