CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, July 3, 2017

Primus on Public Defense Delivery Systems

Primus eveEve Brensike Primus (University of Michigan Law School) has posted Defense Counsel and Public Defense (in Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017 Forthcoming)) on SSRN. Here is the abstract:

Public defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little-to-no oversight of their work. In many jurisdictions, the public defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted, and the legitimacy of the entire criminal justice system is undermined. This chapter suggests that effective reform is possible if policymakers address how public defense delivery systems are structured, whether they are independent, the sources and amount of funding allocated to public defense, and the adequacy of training and oversight mechanisms.

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