Legal Incompetence - Death Penalty

LEGAL INCOMPETENCE

Topic 7 :
'How do states provide for the representation of the poor?
are they adequately represented?'

If you are accused of a crime, you will probably face the possibility of going to jail. This fact alone will most likely drive you to look for a good lawyer. Unfortunately, private criminal defense lawyers don't come cheap, and you may not be able to afford one. This doesn't mean you'll be completely at the mercy of the government, however. The U.S. Constitution provides that you are entitled to be represented by an attorney if the state is trying to deprive you of your liberty. This means that a court may be required to appoint a lawyer to represent you for free-or for a fee you can afford. This section discusses the role of private and court-appointed attorneys in the criminal process and offers suggestions for finding a private attorney if you can afford one.

Do public defenders provide the same quality of representation as regular lawyers?

Despite the increasingly severe financial constraints on their offices, public defenders often provide representation that is at least as competent as that provided by private defense attorneys. A 1992 study conducted by the National Center for State Courts concluded that P.D.s and private lawyers achieve approximately equal results. For example, in the nine counties surveyed in the study, 76% of P.D. clients were convicted, compared to 74% of clients with private lawyers.

Despite these good points, public defenders are often asked to perform too much work for not enough money, which can cut into their abilities to be effective.

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