Is This Justice? A Look at the Representation Afforded Poor Defendants in America

Abstract

This paper will articulate the clear nexus between economic stratification and criminal representation. Part II will demonstrate the disparate effects of our system of punishment on the economically disadvantaged and the cyclical nature of the poverty to prison channel. It will show how incarceration and other collateral consequences leave many previously convicted individuals teetering on the edge of recidivism, unable to re-assimilate into their communities. Part III will describe the current collection of legal services offered to the poor. This Part will describe a minority of organizations that have become the gold standard for indigent criminal defense. More importantly, it will also emphasize a more common broken system of representation, highlighted by ineffective counsel. Finally, Part IV will propose the use of Court Room Advocates (“CRA”) and increasing pro-bono hours among practitioners and students to better our justice system. These proposals are intended to adhere to the promise of Gideon and, hopefully, begin to lessen disparate outcomes based on a person's socio-economic status. [From Introduction]