Public Defense: What Policymakers Need to Know to Improve Public Defense Systems

Public Defense: What Policymakers Need to Know to Improve Public Defense Systems
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Public Defense: What Policymakers Need to Know to Improve Public Defense Systems
Introduction
Public defense is critical to the American justice system. It is tasked with the responsibility of ensuring that individuals who cannot afford private legal representation get fair and impartial assistance (Agmon, 2021). In theory, public defense embodies the constitutional principle that all individuals have the right to a fair and unbiased trial, regardless of their economic status. Representation is very critical, but private attorneys come at a cost. When an individual with means is accused of a crime, the first thing they undertake is hiring the most qualified lawyer they can find. The ability to fight for one's freedom is critical. Unfortunately, for many individuals who find themselves in the criminal legal system and cannot afford private counsel, inadequate access to counsel, and hence liberty, is a dire reality (Graham, 2020). The inability to defend themselves forces a majority of low-income individuals to rely on public defenders. In the US, public defenders refer to lawyers who are appointed by courts and provided by the state or federal governments to represent individuals who cannot afford to hire a private lawyer to defend them in a trial. Public defenders are usually paid by the government to offer representation to those who have proven indigent.
Every US citizen has the right to counsel, as provided in the Sixth Amendment. In 1937, US Supreme Justice Cardozo indicated that particular fundamental constitutional rights form the basis for every other right. Fabelo (2001) cites Justice Cardozo, who observed that these rights are “implicit in the concept of ordered liberty.” When it comes to criminal trials, the right to counsel is one such fundamental right. The same was reiterated in 1963 in the US Supreme Court Gideon v. Wainwright's decision that an indigent defendant cannot afford to get one from the state (Fabelo, 2001). The decisions and subsequent ones that supported it caused states to adopt indigent defense systems. However, the reality is far from this ideal, as various issues undermine the efficacy of the public defense systems across jurisdictions. Despite the indispensable role, public defense systems across the nation face a multitude of problems, which threaten to dismantle the very fabric of justice.
Thesis Statement: The purpose of this paper is to present a research proposal on the issues facing public defense systems and offer policymakers actionable insights for improving the effectiveness of public defense systems. It aims to enable policymakers to make informed decisions to enhance the overall fairness of the legal system.
Description of the Problem or Issue
Without a strong public defense system, the justice system cannot be effective. According to Factor (2017), the idea of a strong public defense system comes from the belief that a defendant cannot be tried fairly in the US court system without adequate defense. This necessitates the need for counsel for both ...