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. Our recent report, Eligible for Justice, addresses these problems, suggesting standards for state and county court jurisdictions to follow when determining defendants' financial eligibility for free counsel.
We work with other national organizations to formulate a vision of what the federal government should do to improve indigent defense representation. To read the "Legal Representation" section of the chapter in the Center for American Progress' new book, Change For America, on reforming the Department of Justice, click here.
* The Brennan Center’s affiliate, the Brennan Center Strategic Fund, Inc., conducts the indigent defense reform work in Michigan.
This case tests the ambit of the protection afforded by the Sixth Amendment of right to counsel.
Rothgery v. Gillespie County, Texas
In this case, the Court holds that the right to counsel under the 6th Amendment exists when the charges are first presented against the defendant in a court of law, even if a prosecutor is not yet involved in that specific proceeding.
HUD and Oakland Housing Authority v. Pearlie Rucker (Amicus Brief)
In 1999, the Brennan Center filed an amicus brief on the behalf of four elderly tenants against whom the Oakland Housing Authority filed detainer actions for alleged violations of the “drug-related criminal activity” provisions of their leases.
Those of us raised on cop dramas take for granted that in this country you have the right to an attorney, and that if you cannot afford it, one will be provided to you....
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.
Sixth Amendment Upheld in Rothgery
The ruling held under the Sixth Amendment that a person charged with a crime must be provided with counsel at the time of the initial arraignment—when the government first presents its charges against the defendant before a court of law—even if a prosecutor is not involved in that proceeding.
Melanca Clark Before House Judiciary Subcommitteeon 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?”
How Defenders Can Secure Racial Justice Policy Reform
Working through the Community Oriented Defender movement.
Out of the Courtroom and into the Neighborhood
Public defenders embrace community defenders. They have begun to embrace more community-orientated forms of advocacy that push a defender’s skill beyond the courtroom and the individual case.