Objective:
Warm-up:
Identify any symbols.
What is the artist's message?
Explain how this relates to the debate surrounding the Sixth Amendment.
Suggested Activity:
Examine Solutions:
Proposal 1 - Public Defender:
Despite the generally good intentions of public defenders, there are some drawbacks to this system. Read each of the following articles to find out what those might be. Be sure to focus on the sections that address Public Defenders.
- Who Cares for Poor Prisoners (Nat Hentoff)
- Venango Officials Dispute Criticism of Public Defender (Jan Ackerman, The Post-Gazette)
- New ABA Report Says Virginia's Indigent Defense System Fails to Protect Rights of Poor Criminal Defendants (The American Bar Association)
Proposal 2 - Court Appointed Lawyers on a Case by Case Basis:
According to former Attorney General Robert F. Kennedy, the disadvantages of this system are as follows: The attorneys "are not paid for their services. They are not reimbursed for their out-of-pocket costs. They do not receive a shred of investigative or expert help. They are not appointed until long after arrest, when witnesses have disappeared and leads grown stale. They often lack the trial experience essential for a competent defense" (Lewis 195). At the time that Kennedy made that comment, many states did not pay their court-appointed lawyers. That has since changed, but as many of the articles note, this pay is often meager. As for the problem of inexperience, that was confirmed by a study conducted by the Harvard Law Review, which noted that the burden of representing indigent accused criminals in the federal courts fell mainly on "young, inexperienced lawyers, little versed in the technicalities of the criminal law" (Lewis 195).
To find out how states have addressed these and other issues, read each of the following articles. Be sure to focus on the sections that address court-appointed lawyers or contract lawyers.
- Who Cares for Poor Prisoners (Nat Hentoff)
- Court-Appointed Defense: Critics Charge the System is Unfair (Steve Brewer and Mike Tolson, The Houston Chronicle)
Proposal 3 - Legal Aid Societies:
This system functions in a manner similar to that of a public defender's office in that there is a regularly employed staff of lawyers who represent indigent clients. While they could represent criminal defendants, most choose instead to deal only with civil cases. Others, however, are specialized associations, which serve only those who are charged with the death penalty. The upside of this system is that lawyers in legal aid associations have chosen this line of work. This is a strong indication that they believe in the rights of the indigent. They are by nature committed to the cause and thus will work hard to develop a strong line of defense. This works to the advantage of their client.
The downside is that the budgets for Legal Aid Societies are often subject to the whims of the economy because many of them receive funding based on a percentage of interest earned on certain accounts (called IOLTA). So, ironically, when the economy is good, many Legal Aid Societies can serve more people, but when the economy is poor, their resources are stretched very thin. Some associations must raise money, often by holding fundraisers or soliciting grants, either from private organizations or government institutions. Other associations have to pay fundraisers or hire them, further stretching their budgets.
- Explore the Web site of the Legal Aid Society, which provides free legal services to people in New York City.
- Another take on legal aid societies is the clinic system set up at law schools. There, law students defend local criminal defendants in misdemeanor cases under close supervision of the faculty. Read about the Georgetown University Law Center and think about the advantages and disadvantages of this type of legal aid.
Proposal 4 - New Brunswick Option:
- Look at the Review of Legal Aid Services in New Brunswick, published by the Province of New Brunswick. Read section 4 on Criminal Legal Aid and note the problems the Review finds with this system.
Additional Resources:
Closure:
- Is there "equal justice under the law" for rich and poor defendants in this country? Explain.
- If not, what do you think needs to be done to ensure that all people receive "equal justice under the law?"