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System Balance: Indigent Defense and the War on Drugs

NCJ Number
154313
Author(s)
T Murphy
Date Published
1990
Length
33 pages
Annotation
This report documents the increase in drug-related criminal caseloads in a sampling of urban State trial courts and its impact on indigent defender programs; recommendations are offered for providing more resources for defender programs.
Abstract
The study first illustrates the magnitude of the increases in drug-related criminal caseloads through analyses of court caseloads in New York City, Los Angeles, Chicago, Michigan, Phoenix, San Francisco, Memphis, the District of Columbia, and King County (Washington State). This is followed by an examination of Federal policy regarding the provision of assistance to State indigent defender programs. The final section deals with material on the availability of State funding for indigent defender programs, including the techniques used by New Mexico and New York, and attempted in Arizona, to promote system balance by channeling new funds to indigent defender programs. The study concludes that since 70-90 percent of defendants arrested for drug offenses cannot afford retained private counsel, indigent defender caseloads have increased dramatically. Although not politically popular, adequately funded indigent defender offices will contribute to a more successful and just "war on drugs." This report contains four recommendations by the National Center for State Courts to the Conference of Chief Justices and the Conference of State Court Administrators. The recommendations are designed to increase the funding and resources for indigent defense services. Appended relevant Federal legislation and regulations