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After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can Justice be Bought uses interviews, real-life stories, and research to determine if the 6th Amendment is upheld in the way the system is currently working, and are indigent defendants given a fair chance at trial. After an overview of public defense in the United States as a whole, it becomes clear that in many states the way the system is operating gives them less than a fair chance at justice. This, however, is not from a lack of effort from public defenders, they are simply just so overworked by exorbitant caseloads that they cannot possibly give each of their cases the time it deserves. However, not all indigent defense systems were created equal, states like Maryland have a number of resources for their public defenders that set them up for success. In order to close the gap between private counsel and public defense in the United States, public defenders’ offices should begin to allocate more funding in order to lighten their defenders’ caseloads as well as to provide them with resources such as expert witnesses and social workers. Funding is not found overnight, so in the meantime, the implementation of “participatory defense” can also help close the gap. The advantage of wealth is not found only in the courtroom but through nearly every part of the criminal justice system. From bail to parole, wealthier defendants typically see higher rates of success and lower rates of recidivism due to their ability to pay for these programs.
ContributorsAyd, Olivia (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05