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Written by Lawrence A Robinson
Public defenders play a crucial role in the criminal justice system, representing individuals who cannot afford private legal counsel. However, due to limited resources and heavy caseloads, there are several areas where public defenders may face challenges. As a client, understanding these limitations can empower you to take proactive steps to improve your defense. Here are five common issues and what you can do to help:
1. Delayed Access to Police Reports
Issue: Public defenders often wait to receive police reports from the prosecutor’s office. This delay can hinder the defense’s ability to build a strong case promptly.
What You Can Do:
Read more: The Role of a Public Defender: What to Expect
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Written by Lawrence A Robinson
Public defender offices are underfunded both absolutely and in comparison, to better-funded prosecutor offices. Despite this, public defenders do the best job they can advocating for defendants who cannot afford private representation.
Research suggests that public defenders can be as effective as privately retained lawyers in terms of producing outcomes for defendants, if sufficiently staffed.
But, therein lies the problem. Public Defenders offices are not sufficiently staffed and therefore the defendants don’t always get proper legal representation.
As a defendant, taking proactive steps can significantly impact the outcome of your case. Here are nine crucial actions you should take as soon as possible:
Read more: 9 Essential Actions You Must Take to Help Your Public Defender Get Your Case Dismissed
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Written by Lawrence A Robinson
When responding to a domestic violence situation, for instance, law enforcement officers are expected to arrest any person who commits a crime related to domestic violence as defined by law, unless there is a clear and compelling reason not to arrest, such as self-defense or lack of probable cause, after a comprehensive investigation to identify the predominant aggressor.
The International Association of Chiefs of Police (IACP) defines “predominant aggressor” as “the individual who poses the most serious, ongoing threat, which may not necessarily be the initial aggressor in a specific incident”.
To determine the predominant aggressor, police officers may evaluate each person individually and consider a number of factors such as who uses threats and intimidation in the relationship, who has a history of violence, who has caused the most damage, and who has the most to gain from the incident.
Mandatory arrest laws, while originally-well intentioned, resulted in a greater number of arrested women in domestic violence cases. Victims may utilize violence to pre-emptively avert an attack from the aggressor or in self-defense. However, law enforcement may improperly assess or document these situations, or even allow incidents to go unacknowledged.
Read more: How do police determine whom to arrest in a domestic violence situation?