Indigent Defense in Virginia: Practical and Empathic Motivations for Reform

Abstract

In 1999 an estimated $1.2 billion was spent to provide indigent criminal defense in the nation's 100 most populous counties. This $1.2 billion represents an estimated 3% of all local criminal justice expenditures in these counties. Clearly, on a national level, a lack of parity persists between the value placed on indigent defense and the value placed on maintaining a high conviction rate and ensuring criminals are placed in jail through vigorous prosecution. Levels of parity, however, vary from state to state, as indigent defense in non-federal cases is funded solely by states or localities . . . Therefore, one must analyze indigent defense on a state specific basis. This methodology can prove beneficial rather than constraining, because one can compare states and perceive effective and ineffective strategies for defending the indigent—in essence, states can learn from both the successes and failures of one another. In this study, other states will be used to illuminate the juxtaposition of the current state of indigent defense in Virginia with the ostensible values and goals she professes. Although Virginia has made noteworthy progress in the past few years, she still falls markedly short of the standards she sets for herself. Through a better conceptual understanding of progress made in Virginia and the nature of the barriers to progress, one can recognize the direction in which Virginia must now head. [From Introduction]