TOWARD A THEORY OF THE PUBLIC DEFENDER'S PLACE IN THE LEGAL SYSTEM

• NCJ Number: 12800
• Journal: South Dakota Law Review Volume: 19 Dated: (WINTER 1974) Pages: 87-120
• Author(s): D C DAHLIN
• Date Published: 1974
• Length: 34 pages
• Corporate Author: University of South Dakota
• Publication Format: Article

Annotation

DELINEATION OF DEFENDANT ATTITUDES TOWARD BOTH PUBLIC DEFENDERS AND RETAINED PRIVATE COUNSEL, OFFERING POSSIBLE EXPLANATIONS OF THESE ATTITUDES AS GUIDES FOR REFORM.

Abstract

AFTER IDENTIFYING THE ATTITUDES OF DEFENDANTS TOWARD PUBLIC DEFENDERS AS COMPARED WITH PRIVATE COUNSEL, THE AUTHOR ANALYZES ALTERNATIVE EXPLANATIONS WHICH MIGHT ACCOUNT FOR THE DIFFERENT ATTITUDES. FIVE POSSIBLE EXPLANATIONS ARE OFFERED. (1) PUBLIC DEFENDERS ARE LESS ABLE THAN PRIVATE COUNSEL, (2) THE ROLE OF THE PUBLIC DEFENDER IS DIFFERENT AND LESS DESIRABLE THAN THAT OF PRIVATE COUNSEL, (3) THE BUREAUCRATIC NATURE OF THE PUBLIC DEFENDER POSITION FORCES PUBLIC DEFENDERS TO ACT IN WAYS THAT ARE DIFFERENT AND LESS DESIRABLE THAN PRIVATE COUNSEL, (4) THE GENERAL CHARACTER OF THE PUBLIC DEFENDER'S CLIENTELE MAKES THE JOB OF REPRESENTATION MORE DIFFICULT, AND, (5) THE GENERAL NATURE OF THE OFFICE OF THE PUBLIC DEFENDER MAKES IT MORE DIFFICULT FOR INDIGENTS TO RELATE TO THE PUBLIC DEFENDER. THE AUTHOR REVIEWS PRIOR STUDIES AND SURVEYS AND CONCLUDES THAT THE LEAST ACCURATE EXPLANATION WAS THE INFERIORITY OF THE PUBLIC DEFENDER, WHO WAS FOUND TO BE AS QUALIFIED AS PRIVATE COUNSEL.