Public Defenders: Learning from the US experience
July 2001

The report provides a critical analysis of public defender systems in the US with the aim of identifying the factors which have led to systemic failure in some States, whilst other systems have produced innovative and respected mechanisms for providing publicly funded criminal defence.

Research encompasses a wide range of different systems, focusing on Virginia, Vermont, Minnesota, Washington DC and the Federal Public Defender System, as well as ground-breaking projects in Harlem, New York and Dade County, Florida. Visits were made to view some of the systems in operation and to interrogate the lawyers, judges and administrators who work within them.

The report highlights the crucial role played by adequate funding; robust independent control insulated from political influence; safeguards against case overload; and effective standards, training and quality monitoring.

The report recommends that any public defender service in England and Wales should run along side a well-resourced private practising profession, offering a choice of representative, and that funding should be on a par with that provided to the prosecution, police and the courts.

Price: £15