Indigents and the Courts: The Failures of Public Defense Systems

Abstract

The criminal justice system starts with investigation and arrest and can end with life imprisonment or even death. Along the way there are many steps for which having a good attorney can make a significant difference. This paper examines how the indigent are specifically disadvantaged by public defense systems at bail determination and plea bargaining discussions. The Federal Sentencing Guidelines are discussed to illustrate how a lack of quality representation plagues an indigent throughout his or her stay in the court system. The specific laws and procedures of Virginia and Massachusetts, two states considered to be on separate ends of the political spectrum, prove that although indigent defendants have the same constitutional guarantees as any other defendant, the workings of an overtaxed system clearly put them in an inferior position. [From Introduction]