Abstract
The right to appointed legal counsel for those accused of felony crimes in America is well known, but the evolution of this right, and contemporary issues in public defense are less well understood. An analysis of case law reveals that the Supreme Court of the United States had certain intentions for an appointed counsel system in the U.S. that have historically not been met. Through analysis of the evolution of case law on this topic, as well as an examination of the systems workings today, informed by multiple public attorneys, specific issues affecting the lives of the accused on a daily basis are revealed. Additional examination of economic theory and budgetary precedent show that despite the fact that the system was set up with good intentions, it was bound from the beginning to suffer under its own weight without systemic change.
America’s Public Defender System: A Day Late and a Dollar Short
The right to appointed legal counsel for those accused of felony crimes in America is well known, but the evolution of this right, and contemporary issues in public defense are less well understood. An analysis of case law reveals that the Supreme Court of the United States had certain intentions for an appointed counsel system in the U.S. that have historically not been met. Through analysis of the evolution of case law on this topic, as well as an examination of the systems workings today, informed by multiple public attorneys, specific issues affecting the lives of the accused on a daily basis are revealed. Additional examination of economic theory and budgetary precedent show that despite the fact that the system was set up with good intentions, it was bound from the beginning to suffer under its own weight without systemic change.
