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Thursday, April 21, 2016

A question of basic morality on legal defense for juveniles

By The Los Angeles Times Editorial Board
Originally published April 4, 2016

Here are two excerpts:

But the public defender often has a conflict of interest. Consider, for example, when two people are accused of stealing a bike. Each might blame the other for the crime, so they can't have the same lawyer. One gets the public defender. For many years, the second one got a private lawyer from a county-approved panel, who was paid by the hour and — county officials argued — had too little incentive to keep costs down.

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The fee, which has inched up over the years, has yielded results that should have been predictable. More juvenile defendants represented by those flat-fee panel lawyers get sentenced to “camps” — juvenile jails — than their counterparts represented by the public defender. That means a higher cost to taxpayers, who foot the bill for each of those jailed teenagers, even though the outcomes (criminal recidivism, homelessness, employment) are far better for those whose sentences are served in community and school settings.

The full text is here.