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September 10, 2016

Great coverage of awful public defender realities, especially in Louisiana

The Guardian together with the Marshall Project hace done this past week a remarkable series on the remarkable shortage of public defenders in Louisiana. The series is all linked here via The Guardian, under the title "Justice Denied," and with videos and this brief general description: "A three-part series in partnership with the Marshall Project that examines the crisis of America's overburdened public defense systems, including a special report from Louisiana, where years of cuts and inconsistent funding have hit hardest." Here are the full headlines and links to the three parts of the series:

Here are snippets from the first of these articles highlighting why we ought not expect improvements to public defender systems anytime soon:

In recent years the US has begun to reckon with its role as the world’s biggest jailer, home to a manifestly unequal justice system that disproportionately punishes poor people of color. In diagnosing the causes of this problem much of the focus has centered on sentencing reform, but in a country where 95% of criminal cases are settled by plea deal, little attention has been given to the critical state of indigent defense.  Around the US, defenders routinely report an increase in overburdening and underfunding, caused by a variety of structural, political and economic drivers.

Up-to-date figures are scant, but according to a 2008 estimate by the American Bar Association, state and county governments spent a total of $5.3bn on indigent defense systems a year, just 2.5% of the roughly $200bn spent on criminal justice by states and local government every year. The depth of crisis varies in each state, indicative of the complex patchwork of defense systems that are funded and administered differently dependent on jurisdiction....

Despite the urgency of the crisis, recognized by both the US attorney general, Loretta Lynch, and her predecessor, Eric Holder, the issue remains intractable.  Congressional bills offering defender’s offices easier access to federal grant money have gone nowhere.

And in an election year during which Hillary Clinton has explicitly promised to “reform our criminal justice system from end to end”, dealing with the crisis in funding defense of the poorest people coming before the courts does not feature on her platform for change.  Donald Trump, who has promised to be “the law and order candidate”, has a vision for reform that goes no further than a vow to appoint “the best prosecutors and law enforcement officials in the country”.

September 10, 2016 at 09:15 PM | Permalink

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