01: Public Defense 101

15 snips

Dec 20, 2021

Discover the intricate world of public defense through an engaging exploration of its history and significance. Learn about pivotal cases like Gideon v. Wainwright and the essential role of affordable legal representation. Hear about the challenges of defining indigency across states and the impact of fees on access to counsel. Hunter shares his personal experience in the justice system, illustrating the pressing need for reform. Prepare to shift your perception of public defense and understand its ethical implications for society.

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ANECDOTE

Gideon’s Fight Sparked Modern Public Defense

Clarence Gideon petitioned the Supreme Court after Florida denied him counsel and won the right to appointed attorneys for indigent defendants.
Hunter Parnell uses Gideon's story to show ordinary people can spark systemic change in public defense.

INSIGHT

What 'Indigent' Actually Means

'Indigent' legally means only that a person cannot afford an attorney, not that they are destitute or homeless.
The Sixth Amendment guarantee applies whenever incarceration is a possible sentence, even for misdemeanors.

ANECDOTE

Personal Run-In With Jail Courtroom Process

Hunter Parnell recounts being jailed in Pima County and exposed to assembly-line courtroom processing with no attorneys visible.
That experience convinced him public defense access at early stages like bail is crucial to fair outcomes.

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If you are new to Public Defenseless or the topic of public defense, here's where you should start!

In this special solo episode, host Hunter Parnell introduces himself, describes the background of this podcast, and shares everything you need to know about public defense before listening.

No matter how much you know about public defense, Hunter's wise insight and gift for explaining complex topics in an easy-to-understand way will leave you with fresh knowledge to walk away with.

By listening, you'll learn that the public defense industry is a lot more complicated than you may believe, and why it's so important that everyone has access to legal representation.

One thing's for sure: after listening to this episode, you'll view public defense from an entirely new perspective.

Key Topics and Takeaways

Who the host is and his background in public defense.
The podcast's purpose and why it was started.
The history of public defense.
Why public defense is an important and ethical obligation.
Public defense definitions you need to know.
Why not all people get the legal representation they need.
The future of public defense.

Resources:

"Federal Poverty Level (FPL) - HealthCare.gov Glossary." HealthCare.gov. US Government, 2021

Montana Pay of Public Defenders- "Performance Audit: Public Defender Workforce Management". Montana Legislative Audit Division. September 2020. At Page 38-43.

National Academy of Sciences Report on Forensic Evidence- Committee on Identifying the Needs of the Forensic Sciences Community, National Research Council. Rep. Strengthening Forensic Science in the United States: A Path Forward . National Academy of Sciences, August 2009.

All of the Cases the say when people are required to have an attorney

28.United States v. Cronic, 466 U.S. 648 (1984)

29.Powell v. Alabama, 387 U.S. 45, 57 (1932)

30.Massiah v. United States, 377 U.S. 201 (1964); Miranda v. Arizona, 384 U.S. 436, 444-45 (1966); Brewer v. Williams, 430 U.S. 387, 399 (1977)

31.Coleman v. Alabama, 399 U.S. 1, 9-10 (1970)

32.United States v. Wade, 388 U.S. 218, 236-38 (1967); Moore v. Illinois, 434 U.S. 220, 231 (1977); Kirby v. Illinois, 406 U.S. 682, 689-90 (1972)

33.McMann v. Richardson, 397 U.S. 759, 771, 771 n.14 (1970); Lafler v. Cooper, 566 U.S. ___, No. 10-209 at 3-4 (March 21, 2012); Padilla v. Kentucky, 559 U.S. ___, No. 08-651 at 16 (March 31, 2010)

34.Hamilton v. Alabama, 368 U.S. 52 (1961)

35.Brewer v. Williams, 430 U.S. 387, 398-399 (1977); Powell v. Alabama, 387 U.S. 45, 57 (1932)

36.Gideon v. Wainwright, 372 U.S. 335, 344-45 (1963); Argersinger v. Hamlin, 407 U.S. 25, 37, 40 (1972); Alabama v. Shelton, 535 U.S. 654, 662 (2002); and In re Gault, 387 U.S. 1, 36-37 (1967)

37.Lafler v. Cooper, 566 U.S. ___, No. 10-209 at 6 (March 21, 2012); Glover v. United States, 531 U.S. 198, 203-204 (2001); Mempa v. Rhay, 389 U.S. 128 (1967); and Wiggins v. Smith, 539 U.S. 510, 538 (2003).

38.Douglas v. California, 372 U.S. 353, 357 (1963); and Halbert v. Michigan, 545 U.S. 605, 621 (2005)

39.Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973)

40.Morrissey v. Brewer, 408 U.S. 471, 489 (1972)

41.Johnson v. Zerbst, 304 U.S. 458, 464 (1938); United States v. Ruiz, 536 U.S. 622, 629 (2002); Iowa v. Tovar, 541 U.S. 77 (2004)

ABA 10 Principles of Public Defense- ABA Standing Committee On Legal Aid And Indigent Defendants. "ABA Ten Principles of a Public Defense Delivery System." American Bar Association . American Bar Association, 2002.