Public Defense v. Private Defense - Research Paper Example

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Public Defense versus Private Defense Name University Public Defense versus Private Defense Before embarking upon the discussion in respect of the pros and cons of public and private defense, it is important to point out to the fact that both have more things in common when compared with differences…
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Download file to see previous pages (Hoffman,2004) The main hurdle in respect of a public defender is the fact that since there would be a huge load of cases, the time spent on individual cases would be lesser. Further, contrary to the private defense there would lesser access to important tools, like private investigators. Even though, this can be curtailed by the funding of the public defender’s office. (Hoffman,2004) Clearly, in respect of the private defender there would significant time as well as resources to spend on a client; since the client would be willing to pay the private defender would be willing to pay for the same. (McDonald, 1983) Another important element which needs to be taken into account is the fact that the amount which would be received by a public defender would be significantly lesser than that paid to the private defense. It is important to point out that it is generally said that such a difference in pay would not affect the quality of service, however, it is important to note that if the lesser time being given to each client, plus the resources that are available to a public defense are taken in their collectivity, it would mean that there would be an adverse effect on the case which is inevitable. There are public defenders that are more than willing and considerate to take into account the fact that the client is unable to pay and therefore provide him effective services. Another problem in respect of a public defender is the fact that cases cannot be rejected by them and so if a case qualifies it cannot be refused unless there is a good legal reason to it, one of them being conflict of interest. On the contrary private attorney do not have to assign a reason for refusing the case and can do so even if he decides on the basis of chances of success. (Harmon, 2002) It is important to point out to the fact that the monetary element is also to be taken into account in respect of public and private defense. (Hoffman,2004) There have been various surveys which have been conducted in order to evaluate which one is better. On the basis of an evaluation private lawyers have been found to be handling more serious cases that is, cases concerning severe crimes. (Beattie, 1935) The general phenomenon in respect of the pros and cons is the fact that the general act of the people is to secure money and get legal representation if the concerned offence is a serious one and/or the conviction is on the higher side. (McDonald, 1983) As far as a minor offence is concerned the general pros and cons are not taken into account, contrary to when a person who is facing a long prison sentence, who would prefer the time that is given by private defense and therefore arrange for the money. (Hoffman,2004) Another important element of lack of resources is the fact that the public attorney due to the lack of time cannot put adequate amount of research as well as detailed study which can be evaluated and analysed upon by the private defense. (Beattie, 1935) However, an important edge that can be cited to have been attained by general public defense is that of the experience and the repetitive amount of cases in which the general notion and the legal principles remain the same whereby most of the contentions that are to be raised by the defense can be easily prepared for and be presented and the practical experience can be seen as well as cited in respect of the same by the ...Download file to see next pagesRead More
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