Indigent Defense Research

SEP Publications
The Challenge in Evaluating Indigent Defense: Innovation in the Art and Practice of Indigent Defense Services
The Challenge in Evaluating Indigent Defense: Results from IDS Round Table Discussions
The Challenge in Evaluating Indigent Defense: March 2005 Conference Report
General Overview of Indigent Defense
Report of the National Right to Counsel Committee, Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel, 2009
The American Bar Association Standing Committee on Legal Aid and Indigent Defendants, Gideon's Broken Promise: America's Continuing Quest for Equal Justice, 2004 (Executive Summary)
The American Bar Association Standing Committee on Legal Aid and Indigent Defendants, Gideon's Broken Promise: America's Continuing Quest for Equal Justice, 2004 (Full Report)
The American Bar Association Standing Committee on Legal Aid and Indigent Defendants, Ten Principles of a Public Defense Delivery System, 2002
Charles J. Ogletree, Jr., Beyond Justifications: Seeking Motivations to Sustain Public Defenders, 106 Harvard Law Review 1239, 1993
 
Criminal Justice System
Jenifer Warren, One in 100: Behind Bars in America 2008
Candace McCoy, Plea Bargaining as Coercion: The Trial Penalty and Plea Bargaining Reform, 50 Crim. L. Q., Mar. 2005
Amanda Petteruti and Nastassia Walsh, Jailing Communities: The Impact of Jail Expansion and Effective Public Safety Strategies, 2008
Susan Urahn, One in 31: The Long Reach of American Corrections, 2009
One in 31: The Long Reach of American Corrections NC Fact Sheet, 2009
 
Pre-Trial Release
Douglas Colbert, Thirty-Five Years After Gideon: The Illusory Right to Counsel at Bail Proceedings, 1998
Douglas Colbert, Do Attorneys Really Matter? The Empirical and Legal Case For the Right Of Counsel at Bail, 2002
The Pretrial Release Project: A Study of Maryland's Pretrial Release and Bail System, 2001
Procedural Justice
Brenda Sims Blackwell & Clark D. Cunningham, Taking the Punishment Out of the Process: From Substantive Criminal Justice Through Procedural Justice to Restorative Justice, Law & Contemporary Problems, 2004, at 60
Michael O'Hear, Plea Bargaining and Procedural Justice, 2007
Collateral Consequences of Criminal Convictions
Michael Pinard, An Integrated Perspective On the Collateral Consequences of Criminal Convictions and Reentry Issues Faced By Formerly Incarcerated Individuals, 2006
A.B.A. Standards for Criminal Justice, Collateral Sanctions and Discretionary Disqualification of Convicted Persons: With Black Letter Commentary, 36 Tol. L. Rev. 441, 446 (2005)
Robert M.A. Johnson, Collateral Consequences, 2001
Collateral Sanctions Committee, Collateral Sanctions of a Criminal Record: Special Report to the Minn. Leg., 2008
Holistic Representation
Robin Steinberg & David Feige, Cultural Revolution: Transforming the Public Defender's Office, 2004
Cait Clarke, Problem Solving Defenders in the Community: Expanding the Conceptual and Institutional Boundaries of Providing Counsel to the Poor, 2001
McGregor Smyth, Holistic is Not a Bad Word: A Criminal Defense Attorney's Guide to Using Invisible Punishments as an Advocacy Strategy, 2005
 
Mental Health
Criminal Justice/Mental Health Consensus Project, 2002
Bazelon Center for Mental Health Law, Criminalization of People with Mental Illnesses, 2003
Client-Centered Representation
Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and Refinement, 32 Ariz. L. Rev. 501, 504 (1990)
Jonathan E. Gradess, Public Defense at the Crossroads: Listening to the Voice of Clients, 2003
Client-Centered Representation Standards, Client Advisory Board of the New York State Defenders Association, 2005
Reentry
Cynthia Works, Reentry-The Tie that Binds Civil Legal Aid Attorneys and Public Defenders, 2003
Paul Samuels & Debbie Mukamal, After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People With Criminal Records, 2004
Alan Rosenthal & Elaine Wolf, Unlocking the Potential of Reentry and Reintegration, 2004
Incarceration Issues
Melissa Sills, Children of Incarcerated Parents Program, 2008
Sarah J. Shapherd, Our Children's Place: Breaking the Cycle of Crime, 2006
Cultural Competence
Susan Bryant, The Five Habits: Building Cross-Cultural Competence in Lawyering, 8 Clinical L. Rev. 33 (2001)
Marginalized and Underserved Populations
The Sentencing Project, Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers, 2008
Kentucky Department of Public Advocacy, Litigating Race Issues to Protect Equal Justice in Kentucky, 2008
Technology
Julia Gordon, Equal Justice and the Digital Revolution: Using Technology to Meet the Legal Needs of Low-Income People, 2002
Problem Solving Courts
Donald J. Farole, Applying Problem Solving Principles In Mainstream Courts: Lessons for State Courts, 2005
C. West Huddleston III et al., Painting the Current Picture: A National Report Card on Drug Courts and Other Problem Solving Court Programs in the United States, 2004
Judge Kristin Ruth, Breaking The Cycle By Using Alternatives to Incarceration, December 2008
Diversion
John Clark, The Role of Traditional Pretrial Diversion in the Age of Specialty Treatment Courts: Expanding the Range of Problem Solving Options at the Pretrial Stage, 2007
Mediation
Jean Whyte, How Do You Mediate a Criminal Case?, 2006
Restorative Justice
Mark S. Umbreit et al., Restorative Justice in the Twenty First Century: A Social Movement Full of Opportunities and Pitfalls, 2005
Jessica Ashley & Phillip Stevenson, Implementing Balanced and Restorative Justice: A Guide for Defense Attorneys, 2006 Illinois Crim. Just. Info. Auth. 12
Workload Guidelines
The Spangenberg Group, Keeping Defender Workloads Manageable, 2001
American Council of Chief Defenders Statement on Caseloads and Workloads Resolution, 2007
Norman Lefstein & Georgia Vagenas, Excessive Defender Caseloads: A.B.A. Ethics Committee Weighs In, 2006
A.B.A. Standing Committee on Ethics and Prof'l Responsibility, Formal Op. 06-411, 2006
Expungement
Leslie McAdoo, Creating an Expungement Statute for the District of Columbia: A Report and Proposed Legislation, 2006
Legal Education and Crime Prevention
Cait Clarke, Problem Solving Defenders in the Community: Expanding the Conceptual and Institutional Boundaries of Providing Counsel to the Poor, 2001 (see also Holistic Rep)
Mark Moore et al., The Best Defense is No Offense: Preventing Crime through Effective Public Defense, 2002
Bennett H. Brummer, Community Partnerships: Holistic Advocacy through a Public Defender Anti-Violence Initiative, 3 Indigent Def. (NLADA Newsletter, New York, NY) May/June 1999, at 1-5
Proactive Policy Advocacy by Indigent Defenders
Cait Clarke, Problem Solving Defenders in the Community: Expanding the Conceptual and Institutional Boundaries of Providing Counsel to the Poor, 2001 (see also Holistic Rep)
Kyung M. Lee, Reinventing Gideon v. Wainwright: Holistic Defenders, Indigent Defenders, and the Right to Counsel, 2004
Community Defense
Cait Clarke, Community Defenders in the 21st Century: Building on a Tradition of Problem-Solving for Clients, Families and Needy Communities, 2001
Christopher Muller, The Case For Community Defense in New Orleans, 2006
Kim Levingston, Taking Public Defense to the Streets, 2003
Adjudication Partnerships
Jane N. Sigmon et al., Key Elements of Successful Adjudication Partnerships, 1999
Robert L. Spangenberg & Marea L. Beeman, Improving State and Local Criminal Justice Systems: A Report on How Public Defenders, Prosecutors, and Other Criminal Justice System Practitioners Are Collaborating Across the Country, 1999
   
Evaluating Indigent Defense
"In Defense of Public Access to Justice: An Assessment of Trial-level Indigent Defense Services in Louisiana 40 years after Gideon" by the National Legal Aid & Defender Association, March 2004
"Virginia's Public Defense System Progress Report" by the Virginia Indigent Defense Coalition, March 2003
"Virginia's Public Defense System Progress Report: Supplementary Information" by the Virginia Indigent Defense Coalition, March 2003