Defendants on the lower end of the socio-economic scale find themselves at the mercy of public defenders who are swamped with cases, understaffed, and underfunded. Research shows that even before mass incarceration accelerated in the 1980s, overburdened systems of indigent defense struggled to meet the 6th Amendment constitutional mandate. Public defenders usually have the deck stacked against them due to discovery laws favoring prosecutors and lack of sufficient resources.
“Using the opportunity created when people are receiving representation to assist them to address and resolve underlying problems is what outstanding defense work is often about—keeping in mind the important ethical issues that must accompany this advanced practice. Looked at in this light, a more holistic defense opens a window into the inadequacies of systems designed to serve people at risk.“
The Crime Report
January 14, 2019
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