This is the one-year anniversary of Amelia Alexander, an Ada High School student, becoming an Icon columnist.
Recently, I learned about the public defender system in my government class. This article is inspired by what we learned and our discussion.
What are public defenders?
The sixth amendment was created to ensure that every American has a fair and speedy trial. One of the components of the sixth amendment is the right to an attorney. People who cannot afford lawyers are provided with public defenders as their attorney. These public defenders are often passionate and empathetic. Lawyers in the private sector get paid more than public defenders. Becoming a public defender is viewed as “noble” because they are typically paid less and usually represent more clients. They seek to support lower class Americans by representing them in court the best they can. It sounds like a good system. However, the public defender system is flawed, and here’s why.
A flawed system
Public defenders are extremely overworked and underpaid. VICE produced a short documentary about the crisis this system is facing. (Here is a link if you’d like to watch it https://youtu.be/xqLE4ryWMX4). The following information has been gathered from the documentary.
In Missouri, the VICE team enters a courthouse in Green County, and it quickly becomes obvious how unorganized and crowded it is. Each public defender claims to represent up to 200 clients simultaneously. All of them agree that they are unable to competently represent all of their clients with that kind of workload. They don’t have enough time to pay close attention to each case.
Prisons are becoming crowded and unorganized because of the backed up system. The prisons aren’t able to supply everyone with beds. People sleep on the concrete floors. “But they’re criminals,” some would argue. However, oftentimes trials become so delayed that defendants are detained for months on end before they even get a trial. One inmate claims to have been detained for 14 months, and he still has not met the attorney that is representing him. This is inconsistent with the right to a speedy trial as written in the sixth amendment.
Why does this happen?
The problem is that many states are not investing in public defenders. They get very little support. Government funding for public defenders is well-explained with the following statement: Missouri has one of the highest crime rates in the country, yet ranks 49th in terms of per capita funding for public defenders (VICE). The system does not receive enough support. Many public defenders quit their jobs because of how stressful it is. They also know that they can be paid more for a smaller workload as a lawyer in the private sector. There just aren’t enough public defenders to competently represent every American who can’t afford an attorney.
COVID has exacerbated the problem. Clients were unable to meet with their attorneys due to stay-at-home orders.
What are viable solutions?
There are good examples of how public defenders can be supported. Bronx, New York defenders do a good job of representing their clients. They have much better government funding than the public defenders in Missouri. They have a team of specialists representing each client. There are often multiple attorneys per case that each specialize in a topic related to their client’s case. They are able to meet with their clients sooner and more regularly.
Investing in public defenders is beneficial. Investing in public defenders actually saves money in the long run and protects our constitutional rights. We spend an extraordinary amount of money trying to feed and house prisoners-some of whom haven't even had a trial yet.
When given proper support, these attorneys are more likely to adequately represent their clients. Additionally, their clients do not have to be detained in jail for several months waiting for their trial because the system is not as backed up. This lowers incarceration rates, which benefits tax payers. In conclusion, this crisis is solvable as long as we value lower class Americans and their (5th and 6th amendment) constitutional rights, and prove so by investing in the public defenders.
My opinion
What frustrates me is that the criminal justice system is like a two-tiered system that caters to the upper-class and leaves lower-class Americans vulnerable to a flawed system. For instance, crimes with a payable bail aren’t an enormous threat to upper class Americans. Because this dilemma affects primarily lower class Americans, it does not receive that much media attention. The framers of the U.S. The Constitution intended equal opportunities for all Americans. That is why I think these types of issues are important to talk about. There are many flaws in the criminal justice system. Hopefully you’ll read more about them from me soon.
