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GUIDE TO ESTABLISHING A DEFENDER SYSTEM

NCJ Number
44091
Author(s)
N A GOLDBERG; J L LICHTMAN
Date Published
1977
Length
133 pages
Annotation
BASIC ISSUES CRITICAL TO THE ESTABLISHMENT AND STABILITY OF EFFECTIVE SYSTEMS FOR THE DEFENSE OF INDIGENTS ACCUSED OF CRIME ARE ADDRESSED.
Abstract
THE TOPICS DISCUSSED RELATE TO MEANS OF ESTABLISHING A STRONG, INDEPENDENT, DEFENDER SYSTEM. SOURCES OF FINANCING FOR DEFENDER AND ASSIGNED COUNSEL PROGRAMS AND THE ADMINISTRATION OF PROGRAM FUNDS ARE DISCUSSED. A MAJOR FACTOR IN THE STABILITY OF OPERATIONS IS THE JURISDICTIONAL LEVEL AT WHICH DEFENSE SYSTEMS ARE ORGANIZED. TODAY'S SYSTEMS ARE DESCRIBED, AND TWO POSSIBLE STRUCTURES FOR THE ORGANIZATION OF DEFENDER SYSTEMS ARE PROPOSED. THE RELATIONSHIPS BETWEEN STATE AND LOCAL OFFICES IN A CENTRALLY ADMINISTERED STATE DEFENDER SYSTEM ARE CONSIDERED, ALONG WITH TRIAL-APPELLATE RELATIONSHIPS. THE PRACTICAL QUESTION OF DEFENSE PROGRAM LOCATION IS INCLUDED IN THE DISCUSSION. THE GUIDE DEALS WITH THE SELECTION OF THE DEFENDER DIRECTOR, THE EXTENT AND SOURCES OF SUPERVISION OVER THE DEFENDER DIRECTOR, AND THE ESTABLISHMENT OF A STATE DEFENDER COMMISSION. THE PRACTICE OF PROVIDING DEFENSE SERVICES BY CONTRACTING WITH ONE OR MORE PRIVATE AGENCIES IS EXAMINED, AND CONSIDERATIONS NECESSARY TO SELECTING THE AGENCY ITSELF, AS WELL AS THE HEAD OF THAT AGENCY, ARE ADDRESSED. THE CONTENTS OF SUCH A CONTRACT ARE EMPHASIZED. CONSIDERATION IS GIVEN TO THE PARTICIPATION OF THE PRIVATE BAR IN AREAS UTILIZING ORGANIZED SYSTEMS FOR PROVIDING DEFENSE SERVICES. AN EXAMINATION OF THE RANDOM, OR AD HOC, APPROACH TO PROVIDING COUNSEL AND THE CONCEPT OF 'MIXED SYSTEMS,' UTILIZING BOTH DEFENDERS AND ASSIGNED COUNSEL LAWYERS SELECTED FROM THE PRIVATE BAR, ARE PRESENTED. A COMPARISON OF THE MIXED SYSTEM WITH THE DEFENDER SYSTEM AND SUGGESTIONS FOR ALTERNATIVE MODELS OF MIXED SYSTEMS ARE OFFERED. APPENDIXES INCLUDE A DIRECTORY OF PROGRAMS EXEMPLIFYING THE RECOMMENDATIONS IN THIS REPORT, A MODEL STATUTE FOR CONSIDERATION BY JURISDICTIONS CHANGING OVER TO A STATE SYSTEM, AND A BIBLIOGRAPHY OF MATERIALS USED IN PREPARING THIS MANUAL.