The Eight Reasons Innocent People are Convicted
The “Florida Innocence Commission” was established by the Florida Supreme Court through Administrative Order AOSC10-39. This Commission recently finished a two year investigating in connection with the high court’s directive to study Florida’s criminal justice system. Specifically, the Florida Supreme Court Justices wanted to know the common sources of wrongful convictions. In other words, what errors or omissions had caused the incarceration of innocent people. Most importantly, the Supreme Court sought findings, recommendations and reforms designed to correct the ongoing injustice.
The Commission’s work subsequently documented 259 years of incarceration served by innocent individuals who had been wrongfully convicted. Their comprehensive study blamed:
- Eyewitness misidentification;
- Invalid scientific evidence;
- Untruthful informants or jailhouse snitches;
- False confessions;
- Law enforcement interrogation techniques;
- The failure to preserve evidence;
- The lack of professional responsibility, and;
- Poor funding for prosecutors, public defenders and other court appointed counsel.
Getting Courtroom Experience at Whose Expense?
The job of a Public Defender is a noble, yet difficult occupation. In the current government “cutback” environment, these lawyers are being asked to carry crushing caseloads. The overwhelming number of Public Defenders truly care about the clients that they represent. Unfortunately, their time and talents are spread thin.
The starting annual salary of an Assistant Public Defender in Florida is $39,074. Yet, the average debt burden of these law school graduate exceeds $100K. See: “Relatively Low Salaries Mean Many Prosecutors, Public Defenders are Inexperienced.” (The American Bar Association Journal reported that a position as an Assistant Public Defender was more often than not, a “stepping stone” to private practice. They cited statistics that 20% of Assistant Public Defenders resign after only one year and 80% within five years. See: “Starting at $40K, FL Jobs a Stepping Stone.”) The Commission recognized that experience and stability in staffing would increase the effectiveness of counsel employed by the Public Defenders Office. They urged the Florida Legislature to:
A.) Assist in the payment of their student loans by enacting 2006 Florida Senate Bill 362 and 2006 Florida House Bill 81;
B.) Set up a series of online training courses;
C.) Require any lawyer who is practicing law in a felony case to have completed at least a two hour course regarding discovery rules and Brady responsibilities.
You get what you pay for?
Yale Law School lecturer Stephen B. Bright is the president of the Southern Center for Human Rights. This organization is considered the premier non profit, public interest organization for assessing the fairness and effectiveness of our criminal justice system. Stephen Bright has a national reputation for advocating the right to effective counsel for those people unable to afford a private attorney. Bright has been quoted as saying “In this country, you are better off being rich and guilty than poor and innocent.” See: Tampa Bay Times article: “Innocent and poor? Tough Luck.”
This view would probably be shared by United States Attorney General Eric Holder. During his speech at the May 1st, 2013 Department of Justice’s Law Day Commemoration, Holder stated: “Our indigent defense systems exist in a state of crisis.”
The Florida Bar Journal reported in its March 2013 edition that Florida Innocence Commission members were said to be “shocked” by the following findings:
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There are 1,511 assistant public defenders in the state of Florida that handle approximately 761,689 criminal cases. These figures translate into a crushing case load of 504 cases per assistant public defender. On average, a court appointed lawyer only has enough time to devote two hours to each client’s case.
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Harried lawyers in the 11th Circuit Public Defender’s office pushed through “guilty” pleas at the very first court appearance in 20 to 30 percent of their cases. This meant that the decision to quickly “roll over and take a conviction” was made without the benefit of reviewing the strengths and weakness of the evidence in each of their clients’ cases.
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Julianne Holt, who heads the Hillsborough County Public Defender’s office, testified before the Committee that there is no doubt that a lack of funding has affected representation of their clients. She said her office was forced to “triage cases and decide where to put their limited resources.”
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Judge J. Preston Silvernail of the 18th Circuit stated that without an adequate number of Public Defenders, due process is not assured. He went on to testify that “If we do not provide adequate funding, there is a loss of the due process of law, which will lead to wrongful convictions.”
Your Right to “Effective” Assistance of Counsel
In the landmark U.S. Supreme Court decision of Gideon v. Wainwright, Justice Hugo Black wrote “Lawyers in criminal courts are necessities, not luxuries.” That decision led to the appointment of counsel for those persons who lacked the financial ability to hire a criminal defense attorney. The court’s ruling was likewise the catalyst for the creation of today’s Office of the Public Defender.
However, there is an important distinction between having “a lawyer” versus having “an effective lawyer.” When the Innocence Commission issued its final report, it recognized that governmental cutbacks associated with our current economic crisis were sometimes leading to an obvious ineffective assistance of people represented by the Public Defender. The executive summary states: “While studying the topic of professional responsibility, it became crystal clear that a sixth significant cause exists that may lead to wrongful convictions: The underfunding of the criminal justice system in Florida.” The report when on to say “… that inadequate funding leads to mistakes that are a recipe for wrongful convictions.”
Are You Uncomfortable With Your Public Defender?
When you are charged with a criminal offense in Pinellas county, you should feel comfortable that your case is getting the time and attention it deserves. After all, your freedom and reputation are at stake. Getting the best possible outcome is imperative. You have to get it right the first time. There are no second chances.
If you are comfortable that your Public Defender is protecting your best interests, there is no need to take action. On the other hand, if you have concerns that your case is not being thoroughly investigated and that other possible options should be explored, you should consult with a private attorney.
How to Benefit From a Position of Strength
If you are uncomfortable with your Public Defender, it could simply be a matter of poor communication. In the alternative, your suspicions could be correct that inexperience or a heavy caseload might be at play. We take our job as your lawyer seriously. DUI and criminal cases are handled by our office with a “team approach.” All three defense attorneys review the facts and evidence in your case. More importantly, your criminal defense team coordinates the strategy and defense of your charges. In this way, you benefit from both personalized attention and a combined legal experience over 35 years. See: How to find the best criminal defense lawyer
At Russo & Russo, we are Pinellas Attorneys who represent clients charged with DUI and other criminal offenses arising out of St. Petersburg, Clearwater, and the Pinellas County area. Former state prosecutors who can help!
Free Consultation: 727-578-0303
Your input is viewed by us as a valuable contribution. We take pride in keeping our clients up to date and informed about all of their options. Helpful Criminal Defense Solutions: www.defensehelp.com
Helpful Pinellas County DUI info at : www.duistpetersburglawyer.com
Choosing the Best Criminal Defense Attorneys
Related Links:
Choosing the Best Criminal Defense Attorneys
Download the Florida Innocence Commission’s Final Report
Private Attorney Better Than Public Defender?
Reasonable Caseloads For Public Defenders: The ABA
How Excessive Caseloads Violate the Sixth Amendment
Sentencing Disparities Between Public Defender and Private Attorney Cases
Public Defender Litigation Regarding Excessive Workloads
State Attorneys, Public Defenders Make Case for Higher Salaries
“Is Law School Worth $100,433 in Loans?”
“Law Students, How Much Debt Do You Want?”
Attorney Frank Russo Shares His Expertise With Public Defender’s Office
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