Indigent Defense

The right to counsel, embodied in the Sixth Amendment to the United States Constitution, is the primary safeguard of a defendant’s rights within the criminal justice system. Adequate representation ensures that all other rights – to be free from unlawful search and seizure, against self-incrimination, to confront witnesses, to a jury trial, etcetera – are protected. In 1963, the United States Supreme Court, in Gideon v. Wainwright, made clear that the right to counsel applies to every citizen, regardless of whether the defendants can afford to pay an attorney. Sadly, in the United States today, the right to counsel is not being enforced. Lack of standards, oversight and funding have led thousands of people to be processed without their right to counsel.

NACDL is committed to ensuring quality representation for all accused individuals and has set out to help reform inadequate state and local indigent defense systems through technical assistance, public education, advocacy, and litigation.

News of Interest

"DOJ Could Increase Awareness of Eligible Funding and Better Determine the Extent to Which Funds Help Support This Purpose," U.S. Government Accountability Office, May 9, 2012.

"N.H. Parents On Their Own In Abuse, Neglect Cases," NPR, April 2, 2012.

"A Broader Right to Counsel,” The New York Times, March 22, 2012.

Stronger hand for Judges in ‘Bazaar of Plea Deals,” The New York Times, March 22, 2012.

A Broader Right to Counsel,” The New York Times, March 22, 2012.

Thousands of Reasons to Fund Legal Aid,” The Florida Herald-Tribune, March 18, 2012.

Closely Divided Panel Upholds City’s Plan to Revise 18-B Plan,” The New York Law Journal, March 16, 2012.

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