This document discusses Delaware’s indigent defense system, and the lack of proper defense for defendants despite the state employing capable attorneys. The system either pressures defendants to waive their right to defense or provides attorneys too late, therefore failing to protect defendants’ 6th amendment right. #Defense
The Crucible of Adversarial Testing, Access to Counsel in Deleware's Criminal Courts - 6th Amendment Center 2014.pdf
This report discusses the findings of the National Indigent Defense Reform: The Solution is Multifaceted Focus Group...#Defense
National Indigent Defense Reform - The Solution is Multifaceted - NACDL 2012.pdf
The report found that an absence of dedicated juvenile defense practitioners in New Hampshire leads to many youth waiving their rights and facing long-term consequences. Nearly every aspect of the defense system is set up to devalue juvenile delinquency cases, often leading to youth receiving constitutionally deficient counsel. The assessment also found that defense counsel is often not appointed early enough in a young person’s case in the New Hampshire juvenile court system
#PolicyStatement #Bail #PretrialServicesAgencies #Defense
Policy on Pretrial Release and Limited Use of Financial Bond - NACDL 2012.pdf
The American Council of Chief Defenders, Gideon’s Promise, the National Association for Public Defense, the National Association of Criminal Defense Lawyers, and the National Legal Aid & Defender Association "support the use of a validated pretrial risk assessment as a component of a fair pretrial release system, in any jurisdiction where it is evident, based on input from the local criminal defense stakeholders and impacted communities who understand the unique circumstances surrounding pretrial release in their jurisdiction, that it will serve to reduce unnecessary detention and help to eliminate racial and ethnic bias in the outcome of the pretrial decisions."
JOINT STATEMENT - PRETRIAL RISK ASSESSMENT INSTRUMENTS.pdf
This document uses defendant anecdotes from the state of Colorado who were unable to post bail and therefore detained. Their stays in jail demonstrate the negative effects of jail time on the lives of defendants, including loss of jobs and homes, loss of personal belongings, negative impacts on...
The Reality of Pretrial Detention, Colorado Jail Stories - Colorado Criminal Defense Institute 2015.pdf
This document from the National Association for Public Defense discusses the use of fines, fees, and other costs in the pretrial system that disproportionately impacts poor defendants and defendants of color...#Defense #PolicyStatement
Policy Statement on the Predatory Collection of Costs, Fines, and Fees in America's Criminal Courts - NAPD 2015.pdf
This document analyzes the lack of indigent defense despite a defendant’s constitutional right to counsel and the benefits of having an attorney present at time of arraignment. #Defense
Bringing Balance to Pretrial Proceedings, Solutions for Early Representation of Indigent Defendants - Center for Effective Justice 2015.pdf
#Defense #Judicial
DeWolfe v. Richmond - Maryland Supreme Court 2013.pdf
This 2019 statement by the American Council of Chief Defenders, Gideon’s Promise, the National Association for Public Defense, the National Association of Criminal Defense Lawyers, and the National Legal Aid and Defenders Association updates its 2017 statement and supports the use of validated pretrial risk assessments with several checks and balances, including data collection, due process protections and input from impacted communities
JOINT STATEMENT - PRETRIAL RISK ASSESSMENT INSTRUMENTS final March 2019.pdf
#RiskAssessment #RiskManagementandSupervision #Defense
The CO Bail Book, A Defense Practitioner's Guide to Adult Pretrial Release - CCDI NACDL 2015.pdf
From the full report: On April 1, 2019, New York State passed sweeping criminal justice reform legislation, including discovery reform, requiring prosecutors to disclose their evidence to the defense earlier in case proceedings
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Focus Search - By facilitating the defendant’s ability to prepare a defense, the changes may also result in fewer prison or jail sentences
#RiskAssessment #Defense #RiskManagementandSupervision
Risk & Needs Assessments, What Defenders and Chief Defenders Need to Know - NLADA 2015.pdf
#Prosecution #Defense
Standards on Pretrial Release - ABA 2002.pdf
A vibrant national debate is occurring as to what role, if any, pretrial risk assessment tools can or should play in bail reform. This critical issue brief is intended to inform this ongoing debate by describing pretrial risk assessment tools and what they are designed to do. This primer is not...
Pretrial-Risk-Assessment-Primer-February-2019.pdf
This amicus brief was submitted by the National Association of Pretrial Services Agencies, the Pretrial Justice Institute and the National Association for Public Defense on January 30, 2019
Brief for Amicus Curiae_Daves v. Dallas County_5th Circuit.pdf
#LawEnforcementJails #Defense
Policing, Mass Imprisonment, and the Failure of American Lawyers - Harvard Law Review Forum 2015.pdf
#Defense
Defenders as Agents of Change- Pretrial Justice Reform in Kentucky - Kentucky Dept of Public Advocacy 2014.pdf
Kentucky Pretrial Release Manual - Kentucky Dept. of Public Advocacy 2013.pdf
Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts - NACDL 2009.pdf