Administrative Burden in The Provision of Indigent Defense

• In Event: The Many Stakeholders in Pretrial Justice

Abstract

Indigency is not well defined, and its many connotations have created a flexible standard that is inherently vague. U.S. court systems are complex and filled with bureaucratic obstacles that are difficult to navigate. Though the provision of legal defense is constitutionally mandated for certain cases, defendants are often required to demonstrate need. Drawing on policy administration literature, this study examines the extent of policy-enforced administrative burdens that defendants encounter during preliminary hearings in court. Using a compilation of state and local defendant intake forms and a legal census of state statutes governing indigent defense, I examine differences in the criteria used to determine indigent status. I discuss the implications of the findings for theories of courtroom decision-making and geographic arbitrariness in the distribution of legal resources.

Author

• Kevin Dahaghi, Rutgers University