Private Public Defense Private vs.

¶ … Private Public Defense

Private vs. Public Defense

According to the Miranda Warning, anyone taken into custody by the police has the right to "…speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." ("The Miranda Warning") This lays the basis for a system that either provides a public defender, or allows an individual to hire a lawyer, for each case that enters the justice system. However, there are those who believe that a public defender cannot provide legal representation that is as good as if one hires a private lawyer. While each has its own advantages, they both have their disadvantages as well.

Public defenders are a group of salaried lawyers who "receive their funding from state and local sources," to provide legal defense services to the public. (Wice, 2005, p. 2010) Those who receive their services do not have to pay for them, they are provided free of charge. This system is most commonly found in urban areas with high populations, but are also provided elsewhere if requested. Because of the numerous cases in need of the services of public defenders, and the limitations on the number of public defenders due to public funding issues, each public defender usually will be overloaded with cases and unable to provide the most effective service. On the other hand, the total amount of time spent within the court system, "can use their familiarity with prosecutors and judges to their client's advantage." (Wice, 2005, p. 11)

In contrast to the public defender is the privately hired attorney. This is a lawyer whom a client pays to provide legal services, and the price is usually very expensive. However, unlike a public defender, a private attorney can concentrate all of his resources on your case, and not be distracted by other cases. A private attorney is also not restricted in their actions by funding, and can provide extraneous services that public defenders cannot afford to provide, such as private investigators and paid experts.

But while some may feel that a private lawyer can provide a better chance at acquittal in a court of law, statistics indicate that "case outcomes for state and federal defendants represented by public attorneys do not differ dramatically from those represented by private counsel." (Spohn, 2009, p. 105) However, there is a distinct advantage to having a private attorney when it comes to the sentencing aspect of the proceedings. Studies have indicated that "a higher percentage of defendants with public defenders are sent to prison." (Gaines, 2010, p. 207) There may be extenuating circumstances in this study as many who use public defenders are repeat offenders do so because they are financially destitute.