Document Type
Article
Publication Title
American Criminal Law Review
Abstract
Part I of the Article analyzes the structure of the attorney-client relationship and identifies the problems that contractual or institutional arrangements must seek to minimize. Part I describes existing methods for the delivery of indigent defense services and assesses their ability to address these problems. Part III develops alternatives to existing arrangements. We consider three groups of approaches: insurance models, deregulation models and voucher models. We conclude that insurance models, though theoretically revealing, are impractical. Deregulation models offer an immediate, easily implemented but partial solution. The more ambitious voucher models, adapted to local conditions in various jurisdictions, provide a practical and effective cure for many of the major ills of indigent defense organization, to the ultimate benefit of both defendants and the public at large.
First Page
73
Volume
31
Publication Date
1993
Recommended Citation
Stephen J. Schulhofer & David D. Friedman,
Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty and Freedom of Choice for All Criminal Defendants,
31
American Criminal Law Review
73
(1993).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1022
