STUDY OF THE DEFENSE OF INDIGENTS IN VIRGINIA AND THE FEASIBILITY OF A PUBLIC DEFENDER SYSTEM - REPORT OF THE BOARD OF GOVERNORS, CRIMINAL LAW SECTION, VA STATE BAR TO THE GOVERNOR & THE GENERAL ASSEMBLY OF VIRGINIA

• NCJ Number: 14327
• Author(s): ANON
• Date Published: 1971
• Length: 40 pages
• Grant Number(s): 70AS510077
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Virginia State Bar
• Sale Source: National Institute of Justice/
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

RECOMMENDATIONS FOR THE IMPLEMENTATION OF A PUBLIC DEFENDER SYSTEM IN VIRGINIA, RESULTS OF A SURVEY IN VIRGINIA ON PUBLIC DEFENDERS, AND PROPOSED LEGISLATION ARE INCLUDED IN THIS REPORT.

Abstract

THE EXPANSION OF DEFENSE SERVICES FOR INDIGENT DEFENDANTS FROM 1849 TO THE PRESENT IS OUTLINED. RECOMMENDATIONS COVERING THE ESTABLISHMENT, IMPLEMENTATION, STAFFING, SALARIES, AND OPERATIONS OF A PUBLIC DEFENDER SYSTEM IN VIRGINIA ARE LISTED, AND REASONS FOR THE RECOMMENDATIONS ARE GIVEN. QUESTIONNAIRES WERE SENT TO JUDGES, COMMONWEALTH ATTORNEYS, AND DEFENSE LAWYERS IN VIRGINIA. A TOTAL OF 75 JUDGES, 100 COMMONWEALTH ATTORYNEYS, AND 91 DEFENSE LAWYERS REPLIED. THE STUDY ENCOMPASSED SEVERAL MATTERS FELT TO HAVE A DIRECT OR INDIRECT BEARING ON HOW THE DEFENSE OF INDIGENTS IN VIRGINIA IS PRESENTLY FARING AND HOW IT MIGHT BE IMPROVED UPON. AMONG THESE WERE CONSIDERATIONS OF WORKABILITY AND COMPETENCE, METHODS OF ATTORNEY SELECTION, COMPENSATION, DETERMINATION OF INDIGENCY, LIMITED PRACTICE BY THIRD-YEAR LAW STUDENTS, CLASSIFYING MISDEMEANORS AS SERIOUS OR NON-SERIOUS, APPOINTING COUNSEL IN SERIOUS MISDEMEANORS, AND THE USE OF INVESTIGATORS. PUBLIC DEFENDER SYSTEMS IN THREE OTHER STATES ARE INVESTIGATED, AND PROPOSED LEGISLATION TO ESTABLISH A PUBLIC DEFENDER SYSTEM IN VIRGINIA IS INCLUDED.