Public Defender

The Role of Public Defenders and Defense Counsel

One of the most important components of the criminal justice system in the United States is the role of defense counsel. Although all people are assumed to be innocent until proven guilty, when a person is accused of a crime, that person stands alone against a powerful government. The government has substantial resources it can use to prosecute an individual. Criminal prosecutions can be complex procedures, and people who are not trained as lawyers are at a disadvantage against experienced prosecutors with substantial resources. Defense counsel serve an essential role both by making sure that the government acts fairly and by protecting the poor, the inarticulate, and the powerless.

The criminal defense lawyer not only ensures that the system is less likely to convict innocent defendants but also helps to guarantee that the government obeys the mandates of the U.S. Constitution. The criminal defense lawyer provides a protective wall between an overreaching government and its citizens. For example, a defense lawyer might argue that her or his client's Fourth Amendment rights were violated when the police entered the client's home without a warrant. The effect of such arguments is to force the police in the future to follow the Constitution and to avoid entering people's homes without a warrant and probable cause. As a result, U.S. citizens are protected from unreasonable invasions of their homes by the government. In fighting to prevent the government from violating the privacy rights of one individual who is accused of a crime, defense counsel protect the constitutional rights of all citizens.

Not only is it important that everyone be permitted to have a lawyer, but it is also important that everyone have access to a lawyer, whether they can afford one or not. If the only defendants who are represented by a lawyer are those who can afford a lawyer, the result is in an unfair system of justice. To achieve equal justice for everyone, governments must ensure that everyone can be represented by a lawyer. By providing a public defender system for indigent defendants, the government ensures that the rights of every criminal defendant are protected, not just those of the rich who can afford a qualified attorney. Ultimately, defense counsel—and the governments that supply counsel through public defender organizations—protect the legitimacy of the courts and the entire criminal justice system.

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