Indigent Defense Reform
The Supreme Court’s 1963 Gideon v. Wainwright decision guarantees that a person charged with a crime is entitled to legal representation, even if he or she is unable to afford a lawyer. This is a core principle of our criminal justice system. Gideon, subsequent supportive case law, and many laws and policies since Gideon, have sought to impart life to the Constitutional Framers’ original intent that no person should stand alone against the power of the government in a criminal case. However, in spite of this clear and just ideal, many low-income people facing the prospect of incarceration are forced into court either without lawyers, or with lawyers who are woefully overburdened and under-resourced.
One result is that many people serve more time in county jail than the maximum permissible sentence for their charged crime, even before getting a hearing in court. Taxpayers foot the bill for lengthy appeals processes and the costs associated with unnecessary incarceration.
These failings are not the fault of the thousands of conscientious lawyers who take on the immense responsibilities of indigent defense for low pay and less respect. 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.
The Brennan Center works with a growing national movement to improve indigent defense services. At the national level, we work with other national organizations to formulate a vision of what the federal government should do to improve indigent defense representation. At the state and local level, we participate in impact litigation to improve the quality of indigent defense systems, as well as partner with state and local groups to document problems in the criminal justice system and advocate for necessary systemic change. Our 2008 report, Eligible for Justice, describes how courts can ensure that counsel is provided for everyone who truly cannot afford a lawyer.
DeWolfe v. Richmond (Amicus Brief)
The Brennan Center participated as a friend of the court in an important right to counsel case pending before Maryland’s highest court, which will determine how early in a criminal case counsel must be provided to a low-income person facing criminal charges.
Duncan et al. v. State of Michigan (Amicus Brief)
The Brennan Center, along with the National Association of Criminal Defense Lawyers, the NAACP Legal Defense & Educational Fund, and the Constitution Project, filed an amicus brief in a case before the Michigan Supreme Court case that seeks to address the constitutional insufficiency of the state's indigent defense system.
Hurrell-Harring, et al. v. State of New York (Amicus Brief)
The Brennan Center co-authored an amicus brief signed by 62 former prosecutors in support of a suit that challenges New York's indigent defense system.
Reality and the Right to Counsel in Maryland
The right to court-appointed counsel is now common knowledge, but the devil is in the details.
SCOTUS Ruling Won’t Fix Appalling Michigan Indigent Defense System
On Halloween, the Supreme Court will hear oral argument in a case illustrating how people and society suffer when indigent defense systems are chronically underfunded. The Court will decide whether the Constitution is violated when an attorney’s advice to reject a plea bargain is based on a laughably poor legal error.
A Big Week for Improving Public Defense in the States
Three victories in court this week, and each represent important steps forward in ongoing national efforts to strengthen the role of the courts, secure the right to counsel, and hold government accountable to the rule of law. Read more…
Illustrations by Risko
Morgenthau Leads 62 Former Prosecutors in Call for Better Defense of the Indigent
62 former New York prosecutors joined an amicus brief in support of a suit, now pending before New York’s highest court, which alleges that New York State’s legal services for the poor are constitutionally inadequate.
Coalition Releases Criminal Justice Policy Roadmap
More than 20 organizations, including the Brennan Center for Justice, and individuals is pleased to announce the publication of a catalogue of key criminal justice issues and policy recommendations for the next administration and congress.
Study Exposes Lack of Standards for Appointing Defense Counsel
This report covers unfair practices in effect in states including Florida, Tennessee, Ohio, and Nebraska, and highlights best practices in others, like Massachusetts, Washington, and Vermont. People are often wrongly denied defense counsel, violating 6th Amendment.
Melanca Clark Before House Judiciary Subcommittee on Crime, Terrorism and Homeland Security
Testimony submitted as part of a coalition of advocates coordinated under the umbrella of the Michigan Campaign for Justice. The hearing was titled: “Representation of Indigent Defendants in Criminal Cases: A Constitutional Crisis in Michigan and Other States?”
Supreme Court Preview, Second Session: Access to Justice, National Security, and Civil Liberties
In advance of the second session of the Supreme Court's 2011 term, the Brennan Center calls attention to five cases involving important issues of access to justice, national security, and civil liberties.
Secrecy, Fear, and the National Security State: A lecture on American democracy
Fritz Schwarz delivered a lecture entitled "The National Security State and Other Dangers to Democracy" on November 11, 2010, at the John F. Kennedy Institute for North American Studies at the Free University of Berlin.
"Crisis and its cousin fear always make it tempting to ignore the wise restraints that keep us free. That is not new. But America has been living in an atmosphere of crisis for an unusally long time."
Community Oriented Defender Network | Spring 2010 Update
The COD Network is taking strides to address racial disparities in the criminal justice system and expand the Network’s reach. Read about our latest efforts to improve justice for indigent defendants and new opportunities for collaboration.