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... to have the assistance of counsel for his defense." (Sixth Amendment to the Constitution of the United States) Most Americans trust that this amendment gives a person accused of a crime the right to a lawyer for a fair defense. ... " (McWilliams, 1993)
According to information taken from a report by the United States Department of Justice, Three primary ways of providing indigent defense services have emerged throughout the Nation. States and localities use these methods of delivering indigent defense services either singly or in combination. This report uses the following categories to describe indigent criminal defense services. ...
· Public defender -- A salaried staff of full-time or part-time attorneys that renders indigent criminal defense services through a public or private nonprofit organization, or as direct government paid employees. ... Department of Justice’s report, of how some of the states funded their indigent programs:
· In 1999, 21 state governments funded virtually all-indigent criminal defense services; 20 states had a combination of State and county funds; and nine states relied solely on county funds. ...
· 19 states provided indigent defense services through assigned counsel programs. Ten of which maintain a roster of private attorneys who could be appointed to represent indigent criminal defendants. ... Five of which reported competitively bidding for indigent criminal defense services. (DeFrances, 2001)
Taking all of this into consideration, has the Gideon decision ensured indigent defendants adequate legal defense services? ... According to an American Bar Associations (ABA) Criminal Justice Section report, The Indigent Defense Crisis, by Richard Klein, the constitutional right to effective counsel is, in some states, in jeopardy. ... " (McWilliams, 1993)
In most states, the public defender agencies responsible for representing indigent criminal defendants are understaffed and under-funded.
Approximate Word count = 1377
Approximate Pages = 5.5
(250 words per page double spaced)
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