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The Failure of Gideon and the Promise of Public Defense

Nov 13, 2023

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In a system rife with economic and racial disparities and swollen jail populations, what would change if everyone—no matter their income—got the minimum that all people deserve: someone with the time, resources, and training to effectively defend them in court?

That question was the focus of a roundtable hosted by the Center for Justice Innovation on the 60th anniversary of the Gideon v. Wainwright decision, which ruled that anyone facing incarceration has a right to an attorney regardless of their ability to pay. Building off that conversation, this policy brief identifies key areas where public defenders and jurisdictions are, despite their limited resources, testing out new initiatives and working to make the promise of Gideon a reality.

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