The Failure of the 6th Amendment: The

Problems with Legal Representation in the

American Justice System

Joshua Starling
February 13, 2017

Independent Research G/T

Dr. Melissa Kiehl
Abstract

The need right for an attorney is provided by the Constitution. The strength and skills that

the public defenders have is not. The change that needs to occur to better suit the sixth

amendment must be recognized and understood by the general public because change only

changes when people demand that change. The issue that is must first be handled, as this paper

tries to insinuate, is the problem with the publics ignorance towards this topic. The problem that

must be solved is ignorance and the public defender system. The final product dealing as well as

this paper serves to inform the public. Data was collected on the possible implementation of

changes to the public defender system through interviews conducted with many attorneys and a

professor. There was also meta-analysis used. The data concluded that money was a factor in the

outcome of cases and that public defenders were worse off. The implication is that there is now

reason to believe a change must be made and that it has to come to continue the livelihood and

strength of the American Constitutions sixth amendment. These results provide support for my

hypothesis and show that counsel provided by the government is the weakest.
Introduction

The introduction of under-equipped and ineffective attorneys, because of the Sixth

Amendment of the Constitution, has done nothing but worsen the state of the American justice

system. As the court system has evolved, one thing has remained constant: the courts and the

publics reliance on Defense, Private and Pro-bono attorneys, and Public Defenders have all

spawned from the need for attorneys in all cases for all defendants. If this is a right enumerated

in the Constitution, then why do we find ineffective defense attorneys so often in the court

system? This paper will be exploring the belief that defense attorneys are the weakest form of

defense due to their heavy workloads, lack of resources, and inability to identify and focus on

prosecutorial misconduct. The purpose of this essay is to investigate the heavy workloads put on

the shoulders of defense attorneys, identify the reasons for the delayed notices of prosecutorial

misconduct and outline the issues for/with the lack of resources given to public defenders.

Furthermore, this paper will reconstruct the readers views on the different types of attorneys and

justify solutions that other associations have implemented or list examples of ones that have the

possibility of implementation.

Review of Literature

The history of America shows one overwhelming trait: the inability of the government to

aid the public defender system. It is a known fact that the Constitution and the government give

the advantage and strength to the people, not the attorneys. The Sixth Amendment of the

Constitution reads, In all criminal prosecutions, the accused shall enjoy the right to have the

assistance of counsel for his defense; however, the way the Government hands out lawyers is an

1
unclear mystery. That is where public defenders come in. They are the governments expendable

resources that inhibit the use of the Sixth Amendment throughout America. The government uses

these public defenders to abide by the Constitution but they do not regulate and control the

attorneys as well as they should. This leads to issuessuch as the one experienced by Tina Peng,

Esq.that lead to high caseloads experienced by many attorneys. An unconditionally high

caseload means that I often see my new clients only once (Peng, 2015). The federal and state

governments need to produce a plentiful load of attorneys comes from a variety of sources.

First, looking at statistics shows that 80% of defendants need public defenders provided to them

since they cannot afford their own (Levintova, Lee, Brownell, 2013). This means that 80% of the

population of defendants are using state resources within their cases. The necessity of the public

defender within society makes them even more important than they were before meaning there

should be more reform in the system, but there is not. Secondly, the case Gideon v. Wainwright

established that even on the state level, the government has the duty of providing criminal

defense (Gideon v. Wainwright). This forced the hand of many states to produce systems that

provided attorneys to all of the accused, not just those who could afford it on the state level.

Finally, the price of private attorneys has increased, forcing many of those who would formerly

be able to afford an attorney in need of a public attorney who can aid them. Today, the cost of an

attorney could be as high as $2,500 with a $1,000 fee every day in court (Burton, 2011).

In all court cases, there is the defense and the prosecution working against each other and

trying to get the upper hand however, they can. If a great attorney who can combat the many

oppositional efforts of the prosecution does not represent a defendant, the justice system throws

defendants in jail while the prosecution continues to use dirty tricks. Some of these tricks come

in the form of Brady violations, when defense attorneys find prosecutors who are withholding or

2
suppressing evidence favorable to the defense (Greenwald, 2017). These violations are very

common in cases where the defense is well built-up and the prosecution has evidence that will

usually support the defense. The prosecution will refuse to acknowledge the existence of the

evidence and not show it to the defense, hoping that the lack of knowledge will force the defense

to lose their case. The worst part is this way of circumventing control of a case usually works,

sending defendants to jail every year until someone, such as a good defense attorney, uncovers

the truths behind the lies. Recently, a California law gave prosecutors new reasons to fear these

acts since prosecutors who intentionally withhold or tamper with evidence in California may

face prison time for their actions (Kauffman, 2016). This action taken by California, after a

string of prosecutorial misconduct cases, makes many prosecutors shy away from taking illegal

actions against a defendant they may have some kind of vendetta they are using against these

defendants. This law should not only prevent prosecutors from taking action, it should demolish

this act all together. However, it is asking prosecutors to enforce a law against themselves, which

may not always be the highest standard upheld. Prosecutors will also use faulty witnesses to

move the case in their favor as well as get a jury to believe a painted or fictional story. If a

lawyer is not good, they may not catch on to this circus act and may not even cross-examine the

witness enough to uncover the truth that they are looking for. Prosecutors seemingly do not care.

Detective Joseph Walsh told a prosecutor that he had concerns that the prosecutions witness

was lying; (Cipriano, 2017) however, no action was taken and the prosecutors pushed the

detective away from the case. Defense attorneys are supposed to help defend their clients, but

how can they stop the dirty work of the prosecution when the only people that can stop the State

is the State. Defense attorneys face this dilemma today. Many may believe that the idea would be

to get just as dirty as prosecutors did; however, many acts that prosecutors can get away with

3
will get defense attorneys disbarred and thrown in jail (Cipriano, 2017). As a new generation of

defense attorneyspublic, private, or pro bonocome into the justice system, it is important to

make sure that they are also capable of handling opposition that is not afraid of breaking the

rules while also staying within the bounds of the law. It is not enough to know a problem with

prosecutors exist; these new and young lawyers must take action to litigate successfully for their

clients. The 6th Amendment only has to be broken by prosecutors if the defense lets them make a

mockery of the court system. Better attorneys are the answer to a better court system in the

future.

However, not all issues are the fault of the prosecuting attorneys; public defenders are to

blame as well. Nonetheless, the resources given to public defenders are the true culprits for the

reasons that the system is the way that it is. Public defenders in America often face the piling up

of cases. While this should be expected in our criminal justice system, it still presents issues for

meeting with clients and the waning sanity of overworked defenders, In New Orleans, there are

people worked thin by cases piling up on them (Peng, 2015). In the state of Maryland, there are

caseload limits, but they constantly grow every single year (Coburn, 2016). The caseload issue

could easily be resolved in the United States in the same way that the implementation of change

is successful in Maryland. One problem is that the doubling of caseloads exists in Maryland and

that should not be implemented throughout the country since overworking is an issue that should

be combated, not strengthened. The issue burrows deeper into the justice system since many

public defender offices have the history of being underfunded. Many defenders now protest in

order to show the government that enough is enough (Sunne, 2014). This is a nationwide issue

that spreads from coast to coast and is apparent especially in Missouri since the public

defenders office in Missouri says its been overloaded for years: too many cases, too few

4
attorneys, too little funding (Domonoske, 2016). This issue directly affects the ability of

defenders to present and create a case that will allow those accused to receive a fair trial with an

attorney to help them. This is not just a local trial court issue either; it stretches all the way up to

the Supreme Court and attorneys who go face to face there. Defense at that level is not provided

at a reasonable cost and these attorneys are not prepared or are not being given the proper

resources (Gass, 2016). Finally, the treatment of public defenders also affects how well they can

do in a court case. In one courtroom, Freddie Fletcher, attorney, was shown to had been bullied

by Judge Patrick E. Connolly and saw many of his cases lost due to a judge with a personal

vendetta against him (Gerber, 2016). In times like this it is obvious that possibly there is bias

against defenders, even more visible through the theme song of Law and Order that fails to

mention defenders while highlighting the importance of the prosecution (Banner, 2016). Another

point creates a whole different issue. Prison guards stopped public defenders and told them that

they could not visit their clients to talk about the case (Hennessy-Fiske, 2015). During moments

like these, a direct violation of the Constitution: preventing attorneys from seeing clients is

evident. The government looks past these issues as reforms in other areas continually appear.

Until reforms are made and opinions on attorneys change then there will be no fair justice

system.

While public defenders have their issues, the views towards attorneys as a whole must be

reformed, not just public defenders but private attorneys and those who work pro bono as well.

First, private attorneys are often seen as incapable and money hungry. While one can also say

that private attorneys do not have the same connection to their clients that public defenders do,

private attorneys do still have their own abilities. Since these attorneys funds come from their

firms, they receive many more resources and more opportunities to give their clients one-on-one

5
time that public defenders just cannot give to their clients. It is a mistake to see private attorneys

as an issue in any way, they are solely being paid for services confirmed by the Constitution. The

next type of attorneys, public defenders, also get an unnecessarily negative review from critics

and the public alike. Public defenders are often seen as clumsy or falling around with their files

and such (Rapping, 2017), but in reality it has been clear that public defenders have the ability to

create successful business relationships with those who commit horrendous crimes (Carroll &

Hattenstone, 2014). Evens Ruth B. Ginsburg, a Supreme Court justice, said on the issue that

defenders are at work for the public goodpeople who are the best of lawyers and judges, the

most dedicated, the least selfish (2001). The problem with indifference is being tackled by

many different organizations, who wish to improve the public defense system and are making

great leaps in advancing the system (TEDx Talks, 2015). One significant figure is the deceased

hero, Paul D. MacAuley, who spent his life working in the public defense system while touching

the hearts of the many defendants he aided (A true believer in justice for all, 2016). While the

funny public defenders on television bring up a comical aspect of the law field, it falsely

categorizes all public defenders and makes stories like Mr. MacAuleys invalid and weak. There

are public defenders all around America working towards the greater good, not because they

have to, but because they can. Lastly, attorneys who work pro bono are also important. In the

growing criminal justice field, new lawyers in New York are being required to perform 50 hours

of pro bono work before getting their license (Barnard, 2012). One issue with the system is that

pro bono in name does not always mean the work performed is as free and caring as we believe

(Deborah, 2005). Many of the work performed is due to the fact that the defendant just cant pay

or it something the lawyer is helping the family with. Pro bono defenders are still some of the

most heart-filled people. Those doing it just to give free services to indigent defendants are what

6
really make the justice system work as fluently as it can. It makes you really wonder how the 6th

amendment could be violated with people doing this much good.

These problems, however, are not without their solutions. Many different states and

organizations have taken these issues head-on as they attempt to change the justice system. Many

of them are successful but rarely are they known to the world as popular groups or regarded for

what they do for others every single day. Michigan has implemented a statewide system called

The Michigan Appellate Assigned Counsel System (MAACS), which assigns public defenders to

cases as well as ranks them on their performance (Hinkley, 2016). This ensures that any issue

with indifference is dealt with as a hasty dock in pay follows a particularly bad performance.

MAACS has stated that its goal is to change the wayand how muchattorneys are paid and

centralize some of the administrative work (Hinkley, 2016). There are also independent

organizations with similar missions of reform. One group, well known for its efforts in New

Orleans, is Gideons promise. Gideons Promise has worked over 8,000 cases in order to change

the opinions and views of the public (TEDx Talks, 2015; Rapping, 2017). They train public

defenders and aid their clients to the best of their abilities to ensure that the best representation is

evident. Spreading this group nationwide and having local integration could greatly change not

only how the public sees public defenders, but how public defenders act as well. Furthermore,

these are already implemented in some way in certain locations in America. National changes

include more training courses for attorneys and minimum amount of pro bono work to maintain

your certification. These are both simple and easily implemented ways of fixing the problems

previously mentioned. Once implemented, there is no doubt that change will soon follow as

attorneys are required to do more to maintain the integrity of the Constitution, the American

justice system, and the Sixth Amendment.

7
 The Constitution gives everyone the right to equal protection. If that is so, then why is

action still not taken? It is up to the public to flex their constitutional rights and ask for changes.

This paper held the purpose of informing the public and their opinions of attorney, but action

must follow. This action can include sending letters to local politicians or contacting lawyers to

see why more action isnt taken in law firms and with independent lawyers. In the future, there

will be lawyers who can accurately represent everyone in America. Rich, poor, black, or white

people will all have equal representation and protection under the law. However, until action is

taken nothing will change for anyone. This change is important and action must be taken now.

There is no reason to believe change will appear if we do not work towards changing our views

and beliefs on our defenders.

8
Research Methods and Data Collection

The questions established for this research based on the review of literature were: What

are the effects of differing legal representation on defendants and the outcomes of criminal cases

& what are some solutions? The hypothesis established for this research based on the review of

literature was that counsel provided by the government (a.k.a public defenders) has a higher

chance of receiving an unfavorable verdict than defendants with private or pro bono attorneys.

Throughout the research process the question was addressed by recording interviews and

connecting the research question to the literature that was collected and reviewed as mentioned

in the Review of Literature section. I handled the hypothesis in a similar way. The data

collection allowed me to compare my hypothesis and tweak it in relation to the multitudes of

information that was coming in. Other than the question and the hypothesis, the type of study

also aided to the way I conducted and handled research. A case study was used in order to

strongly analyze the qualitative data we had the goal of reaching by the end of the data collection

and paper-writing process. This is the best way to design my research because it would be the

best way to analyze the qualitative data of unfavorable outcomes.

Interviews occurred with five different attorneys and professors while there was also one

document I used for meta-analysis. The people I interviewed: Abbe Smith, Tina Peng, James

McCollum, Johnathan Rapping, and Debra Saltz used their knowledge as attorneys but also

Abbe Smith used her experience as a professor who ran a clinic. Professor Abbe Smith, a former

attorney, gave her opinion over the phone quickly. Johnathan Rapping, the founder of Gideons

Promise, gave the first interview and supported the hypothesis. Debra Saltz, a practicing attorney

9
in Ellicott City, gave a short and quick interview that left a bit out due to a lack of understanding

of many of the questions. James McCollum, also a practicing attorney in Ellicott City, gave a

strong opinion that coincided with my hypothesis. Finally, Tina Peng from New Orleans gave

her opinion that strongly affirmed the beliefs stated in this paper. The interviews were between

8-15 minutes due to a wide range of time zones and restrictions found with the constricting

schedules of the professors and attorneys. The questions asked to the interviewees were tailored

to their specific type of attorneypublic (Appendix A) or public (Appendix B).

Results and Data Analysis

Figure 1 Public Counsel Questions and Results

Questions (Public Abbe Smith Tina Peng Johnathan Can money

Counsel) Rapping buy justice?

Research Ive They exist and a They are all very All public Private
collected so far good defense prominent and defenders face attorneys are
reveals that there attorney knows are dealt with as these issues but better but
are problems with how to handle all more experience they must there is no
the current public of that work. comes along. overcome them sign that
defender system. However, the lack There is also the in order to grow. public
Issues that include of funding and issue of meeting Gideons defenders are
large, distracting resources can with clients Promise works overworked in
workloads and the greatly lead to the which makes it to aid them in the research
inabality to have worsenging and hard to defend dealing with
face-to-face time poorer quality of a cases as prisons these issues and
with clients. Have case are also strict. preparing them
you experienced for the real world
any of these environment.
problems before?
If so, how did you
deal with them?

In your time as an Organizations are Many successful Gideons --Not

attorney, have better fit than attempts by the Promise and answered--
you come across states so states just ABA, court many other
any successful using these cases, and many associations have
attempts at fixing organizations have diferent worked towards
the public better services organizations fixing issues
defender system working for the such as the ones

10
currently in states and found in New
place? changes in New Orleans
Orleans

What effects, if A good attorney In relation to Bad public Private

any, have you knows their way sentencing, defender or attorneys are
seen the current around and attorneys that are attorney creates generally
public defender courtroom and private are much a larger chance much better
system have on how to be better at better at their job of bad when it comes
defendants in doing their job since they fund sentencing. The to sentencing
relation to which can get the campaigns of issue is not with and should be
sentencing? their clients better judges and DAs the type but with valued more
sentences the skill.

What effects do The ABA and its It has changed --Not answered-- America has
you believe standards ont on the state level shown a great
reforms made in really have an at small. Its not appreciation
the public effect and large a great effect on with many
defender system reforms dont the current court cases
has had on the work because it is defender system that have done
current defender more of a as awhole a wonderful
system? statewide issue job in forming
the current
system

There are many It depends on the Private attorneys Public counsel is Private
different kind of quality, since they have better because of attorneys are
lawyers. My characteristics, more research, the research and generally
research focuses and skills of the more time, and tools provided to much better
on pro bono, lawyer instead of the ability to use them. Private
private, and how they work. money to their coubsel does not
public defenders However, private advantage when have this gift.
in criminal cases. attorneys can be it comes to
Out of the three, better at some judges and
have you seen one times instead of District
that is more using a public Attorneys
effective than the defender who is
other? Do you busy.
know why?

In your So many including Racial Funding is a Make sure that

professional how they should undertones in fundamental racial tensins
opinion, what be run by the state laws and the way issue in the are fixed and
changes should be or organizations. the legal system public defender not horrible
made to the Funding is also works is the sector. Giving
criminal justice very needed most important inspiration to

11
 system overall, in instead of just change that young lawyers
relation to public talking about needs to occur needs to be
defense providing lawyers changed so that
attorneys? they want to
work as a public
defender.

Figure 2 Private Counsel Questions and Results

Questions (Private Counsel) James McCollum Debra Saltz Can money

buy justice?

What positive effects do you --Not answered-- Positive: Uphold Private

believe private attorneys the Constitution attorneys give
have left on the current their clients a
criminal justice system? Negative: People better chance
Negative effects? do not trust in court
defense attorneys
and hate them
even

In your time as an attorney, Increase because of the Has everything A lot of public
have you noticed an economy and how well it to do with the defenders have
increase or decrease in the is doing as a whole. And economy and been used
amount of private attorneys private attorneys are there is an recently
used? Do you know why appearing more as lawyers increase
that is? hire themselves to work
since they cant find jobs

What effects, if any, have Better attorneys give their No relation since In a perfect
you seen the current private clients the ability to get it depends on the situation there
attorney system have on better sentences lawyer is a better
defendants in relation to chance of
sentencing? getting a better
sentence when

If there are any, can you tell --Not answered-- No legal reform, --Not
me of some private attorney private attorneys answered--
reforms? Are they effective? do whatever they
want

There are many different Cannot be said because it Depends on the Same as above
kind of lawyers. My would be a strong skills of the chart
research focuses on pro sweeping generalization lawyer and not
bono, private, and public the role or name
defenders in criminal cases. that they take on

12
 Out of the three, have you
seen one that is more
effective than the other? Do
you know why?

In your professional Public defenders are Too many to --Not

opinion, what changes overworked so they should mention. answered--
should be made to the be reformed before
criminal justice system anything else is reformed
overall, in relation to
defense attorneys?

The data, collected through interviews, provides answers to the basic research question.

Each interviewee talked about what solutions they saw and what changes they said would fit.

Many answered, except for Debra Saltz, about how the system was being fixed by public

defender associations. The majority of people believed that the true solution was in the fact that

funding was a necessity. Johnathan Rapping gave a very pertinent answer when he provided his

own example of Gideons Promise, which has changed the way that public defenders have

function nationally and in New Orleans.

The data shows that the hypothesis is strong and correct to a majority of people. Many

public defenders see themselves as worse off in comparison to private attorneys because they

lack the funding and resources that can make them good lawyers. Tina Peng strongly holds this

opinion. Johnathan Rapping, however, gives the opinion that public attorneys are the best and are

awarded this title due to their natural prowess in a courtroom and their relation to clients. The

paper Can Money Buy Justice? affirms Pengs beliefs with data taken that shows how public

defenders were worse off while private attorneys were strengthened and strong in a place with a

government very similar to that of America. The results also showed a change in beliefs between

private attorneys and public defenders. Public defenders (Figure 1) very quickly responded to the

question about which type of attorney was better. They mostly were either very biased or gave an

13
idea that contradicted with my hypothesis. The private attorney responses (Figure 2) showed that

they were less likely make a biased conclusion. James McCollum even neglected to respond

because he did not feel he was qualified to make such an assumption.

Discussion and Conclusion

The data collected is miniscule and seemingly biased in some ways. It is a few attorneys

in a land of plentiful attorneys dealing with a variety of state laws and regulations. This research

can give to the audience the ability to know and further understand what limitations exist when

deciding what type of attorney to hire. The implication created by this data and the paper as the

whole is that while all attorneys have their flaws, public defenders can be considered the worst

and can be described as the weakest.

The limitation that was the most prominent was definitely the fact that there was not

enough time or resources to contact more attorneys. These interviews are limited and talk to only

five people out of the large number that exist with differing views and opinions. From here the

plan is to create a project that will strengthen the knowledge that students and adults find out

about their attorneys.

14
 References

Banner, A. (2016, December 22). Prosecutorial misconduct and the publics perception of

criminal defense. Retrieved from http://www.huffingtonpost.com/adam-

banner/prosecutorial-misconduct-_2_b_8473898.html

Barnard, A. (2012, May 1). Top judge makes free legal work mandatory for joining state bar.

The New York Times. Retrieved from

http://www.nytimes.com/2012/05/02/nyregion/new-lawyers-in-new-york-to-be-required-

to-do-some-work-free.html

Burton, Steven. (2011, February 2). How much does it cost to hire a criminal defense attorney?

Avvo, Retrieved from https://www.avvo.com/legal-guides/ugc/how-much-does-it-cost-to-

hire-a-criminal-defense-attorney

Carroll, R., & Hattenstone, S. (2014, June 27). Defending the indefensible? Lawyers on

representing clients accused of nightmarish crimes. The Guardian. Retrieved from

https://www.theguardian.com/law/2014/jun/27/lawyers-defended-toughest-cases-charles-

manson-jon-venables-ted-bundy-charles-ng

Coburn, J. (2016, August 20). Maryland public defenders juggle heavy caseloads; critics say

indigent clients suffer. The Baltimore Sun. Retrieved from

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caseloads-20160819-story.html

Cipriano, R. (2017, January 6). Lawyer claims prosecutorial misconduct in Philadelphia Billy

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sexual-assault-539861

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Palo Alto, CA: Stanford University Press.

Domonoske, C. (2016, August 4). Overwork and underfunded, Mo. public defender office

assigns caseto the governor. NPR. Retrieved from http://www.npr.org/sections/thetwo-

way/2016/08/04/488655916/overworked-and-underfunded-missouri-public-defender-

assigns-a-case-to-the-govern

Gass, H. (2016, August 11). Why poor defendants face an uphill battle at Supreme Court--and

how to fix it. Christian Science Monitor. Retrieved from

http://sks.sirs.com/webapp/article?artno=0000385321&type=ART

Gerber, M. (2016, March 23). L.A. County judge disciplined over treatment of defense attorney.

L.A. Times. Retrieved from http://www.latimes.com/local/lanow/la-me-ln-judge-

disciplined-20160323-story.html

Ginsburg. R. B. (2001, January). In pursuit of the public good: Access to justice in the United

States. Washington University Journal of Law & Policy, 8. Retrieved from

http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1534&context=law_journal

_law_policy

Gideon v. Wainwright. (n.d.). Oyez. Retrieved from https://www.oyez.org/cases/1962/155

Greenwald, D. (2017, January 1). Justice watch: Prosecutorial misconduct a felony in California.

The Davis Vanguard. Retrieved from http://www.davisvanguard.org/2017/01/justice-

watch-prosecutorial-misconduct-felony-california/

Hennessy-Fiske, M. (2015, July 21). Immigrants attorneys say they were locked out of

detention centers after raising concerns. Los Angeles Times. Retrieved from

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Hinkley, J. A. (2016, December 5). Attorneys get better pay, more oversight in state program.

Lansing State Journal. Retrieved from

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better-pay-more-oversight-state-program/94802552/

Peng, T. (2015, September 3). Im a public defender. Its impossible for me to do a good job

representing my clients. The Washington Post, Retrieved from

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its-unconstitutional/2015/09/03/aadf2b6c-519b-11e5-9812-

92d5948a40f8_story.html?utm_term=.ffa491a2e469

Kauffman, G. (2016, October 5). Is Californias new law a model for curbing prosecutorial

misconduct? The Christian Science Monitor. Retrieved from

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curbing-prosecutorial-misconduct

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| TEDxAtlanta [Video file]. Retrieved From https://www.youtube.com/watch?v=w-

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18
Appendices

Appendix A Questions for Public Counsel

Research I have collected so far reveals that there are problems with the current public
defender system. Issues that include large, distracting workloads and the inability to have face-
to-face time with clients. Have you experienced any of these problems before? If so, how did
you deal with them?

In your time as an attorney, have you come across any successful attempts at fixing the public
defender system currently in place?

What effects, if any, have you seen the current public defender system have on defendants in
relation to sentencing?

What effects do you believe reforms made in the public defender system has had on the current
defender system?

There are many different kind of lawyers. My research focuses on pro bono, private, and
public defenders in criminal cases. Out of the three, have you seen one that is more effective
than the other? Do you know why?

In your professional opinion, what changes should be made to the criminal justice system
overall, in relation to public defense attorneys?

Appendix B Questions for Private Counsel

What positive effects do you believe private attorneys have left on the current criminal justice
system? Negative effects?

In your time as an attorney, have you noticed an increase or decrease in the amount of private
attorneys used? Do you know why that is?

What effects, if any, have you seen the current private attorney system have on defendants in
relation to sentencing?

If there are any, can you tell me of some private attorney reforms? Are they effective?

There are many different kind of lawyers. My research focuses on pro bono, private, and
public defenders in criminal cases. Out of the three, have you seen one that is more effective
than the other? Do you know why?

In your professional opinion, what changes should be made to the criminal justice system
overall, in relation to defense attorneys?

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