Justice and Indigent, Incompetent, and Juvenile Defendants

The criminal justice system is supposed to be designed to exact justice, right? Even though everyone can agree to that basic tenet, things get a little more complicated when trying to define justice, and when looking at some of the groups commonly involved in criminal activity.

Defining Justice? 

Justice is a lofty idea.  Criminal justice grounded in the notion that defendants are treated impartially in the quest for democratic accountability. Victims of crime, as well as perpetrators of crime, deserve justice.  But what does that look like for a victim of a theft, an assault, a rape, or a murder? The question becomes even more complex when the perpetrator suffers from issues that directly led to criminal activity or when they are juveniles. Justice implies equity, moral rightness, and fair treatment. But when you try to fold that into a system that is supposed to deliver justice all around, it is more ambiguous than most people would like, and certainly less attainable.

The Indigent Defendant 

Indigent defendants are entitled to legal counsel in the federal system as per the Sixth Amendment. Nonetheless, the indigent are markedly underrepresented in the criminal justice system. Such defendants languish in jail all too often awaiting a meeting with an attorney, and when they finally do meet, it’s with an overburdened lawyer with limited resources who can barely fulfill their obligations to the client. The result is that these defendants often cop to a plea because it’s the quickest way to get everyone involved in the case onto bigger and better things. Justice for victims and defendants alike is often the price that is paid for quick and easy results.

The Incompetent Defendant 

Mental health and substance use disorders have a huge impact on the criminal justice system, as individuals who require rehabilitative services wind up instead sitting in jails, prisons, and juvenile detention centers. All too often screening and evaluation procedures, not to mention actual treatment programs, are lacking, leaving the most needy individuals to fend for themselves in an oftentimes cruel system. How can this be the way America defines justice?

The Juvenile Defendant 

The cost of community-based treatment for juvenile offenders is roughly 30 percent of the cost of incarcerating them. And since juveniles are, by definition, children who are still developing, doesn’t it make sense to offer treatment to mitigate criminality? Maybe so, but this country continues to incarcerate 60,000 of these children daily. There, detainees often face isolation, sexual abuse, substance abuse, and more. This, for detainees who often already suffer from issues related to indigence, incompetence, and other issues related to marginalized populations. Is this justice, or something else?

Defending You 

The experienced and Kissimmee criminal defense attorneys at Salazar & Kelly Law Group are committed to providing a vigorous defense for every single client regardless of the crime or the circumstances. To discuss your situation, schedule a confidential consultation in our Kissimmee office today.