Indigent Defense Reform

In the U.S., person charged with a crime is entitled to legal representation, even if he or she is unable to afford to pay for a lawyer. This is a core principle of our criminal justice system. Unfortunately, many state and local governments do not meet this obligation.

As a result, many people serve more time in county jail than the maximum permissible sentence on conviction, even before getting a hearing in court; their lawyers are overworked and underpaid, and often lack the time and resources needed to investigate the state’s case, file appropriate motions, prepare for trial, or hire necessary experts. Taxpayers foot the bill for lengthy appeals processes and the costs associated with unnecessary incarceration.

The Brennan Center works with a growing national movement to improve indigent defense services. We work to increase indigent defense services in Michigan* and New York, and have also been active in Mississippi. We are working on a report on problems created by guidelines that determine eligibility for public defender services.

* The Brennan Center’s affiliate, the Brennan Center Strategic Fund, Inc., conducts the indigent defense reform work in Michigan.

Indigent Defense Reform

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