Indigent Defense / Public Defender Systems
GIDEON'S BROKEN PROMISE: AMERICA'S CONTINUING QUEST FOR EQUAL JUSTICE
A Report on the American Bar Association's Hearings
on the Right to Counsel in Criminal Proceedings
During the 40th anniversary of the U.S. Supreme Court's decision in Gideon v. Wainwright (which established the right to counsel in state court proceedings for indigents accused of serious crimes), the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants held a series of public hearings to examine whether Gideon's promise is being kept. Throughout 2003, extensive testimony was received from expert witnesses familiar with the delivery of indigent defense services in 22 states representing a wide cross-section of regions, populations, and delivery systems. This comprehensive report represents the culmination of a painstaking analysis of hundreds of pages of testimony compiled from the hearings, leading to the inescapable conclusion that, forty years after Gideon, the promise of equal justice for the poor remains unfulfilled in this country.
To read the report, download the files below:
Full Report (PDF)
Executive Summary (PDF)
The map below highlights the 22 states from which witnesses were invited to present testimony at the hearings. Click on each state below for a short PDF summary of testimony regarding that state's indigent defense problems, reform efforts, and model approaches.
Primary Indigent Defense Delivery System at Trial Level *
* SOURCE: The Spangenberg Group ("primary indigent defense delivery system" refers to the program appointed in more than 50% of the state's indigent defense cases at the trial level).
If you cannot see the map above, you can access the state reports by using the links below:
AL | CA | GA | IL | IN | LA | MD | MA | MI | MS | MT | NE | NV | NM | NY | OR | PA | RI | SD | TX | VA | WA
Click here for the report's Online Media Kit.
