Introduction
It has been long stated by civil liberty advocate groups that there is disparity in the representing of indigent defendants versus those of higher economic standings. This statement is also prevalent in the criminal justice arena as well.
A long standing issue in the criminal justice field has been the concern that most guilty verdicts are not determined by the facts presented during the trials, but by the financial inability of the defendant.
This research will use the findings and investigations of several studies to obtain an objective answer to the research question as to whether or not there is fairness in the representing of ‘indigent” defendants. Surveys will be reviewed to ascertain if access to a better attorney because …show more content…
But this is vague, for the decision as to the requirement in a particular case depends on a number of complex factors peculiar to that case alone, and must be made at the onset by the attorney. The judge, having only the information or indictment in front of him, is in no position to assess these with accuracy. It is impossible to generalize on the means by which judges re- solve this dilemma; some seem to assume that if the defendant has sufficient funds to retain any lawyer, even one who for that amount will clearly do no more than enter a guilty plea, the defendant is not indigent. Others seem to believe that the defendant should be able to pay for representation the quality of which is to some extent higher than the absolute minimum before he is classified as non-indigent. For purposes of this study, the term "indigent" refers to a defendant possessing no money or so little that he clearly meets the standard by which the court determines those to whom counsel will be assigned. The term "borderline indigent" is used to describe a defendant with some resources but in an amount that is insufficient to obtain the quality of representation his case requires (Havighurst & MacDougall,
It has been long stated by civil liberty advocate groups that there is disparity in the representing of indigent defendants versus those of higher economic standings. This statement is also prevalent in the criminal justice arena as well.
A long standing issue in the criminal justice field has been the concern that most guilty verdicts are not determined by the facts presented during the trials, but by the financial inability of the defendant.
This research will use the findings and investigations of several studies to obtain an objective answer to the research question as to whether or not there is fairness in the representing of ‘indigent” defendants. Surveys will be reviewed to ascertain if access to a better attorney because …show more content…
But this is vague, for the decision as to the requirement in a particular case depends on a number of complex factors peculiar to that case alone, and must be made at the onset by the attorney. The judge, having only the information or indictment in front of him, is in no position to assess these with accuracy. It is impossible to generalize on the means by which judges re- solve this dilemma; some seem to assume that if the defendant has sufficient funds to retain any lawyer, even one who for that amount will clearly do no more than enter a guilty plea, the defendant is not indigent. Others seem to believe that the defendant should be able to pay for representation the quality of which is to some extent higher than the absolute minimum before he is classified as non-indigent. For purposes of this study, the term "indigent" refers to a defendant possessing no money or so little that he clearly meets the standard by which the court determines those to whom counsel will be assigned. The term "borderline indigent" is used to describe a defendant with some resources but in an amount that is insufficient to obtain the quality of representation his case requires (Havighurst & MacDougall,