An Antidote to Chaos: Easing tensions in the United States of America through legal reform.

Introduction:

Let me begin this article with the declaration that I am in no way politically aligned. This article is merely from an academic and opinion perspective and not from a political one.

Unless you have been living under a rock you will know that the United States is in a time of crisis with rioting, looting and violence seeming the norm as of late. These actions stemmed from the racially motivated killings of George Floyd, Breonna Taylor, Ahmaud Arbery and regrettably, more than I can list on this piece.

The basis for this theory of legal reform as the antidote to tension stems from the 2020 U.C.C Free Legal Advice Center Conference. Here, a slew of fantastic speakers opined their feelings on the legal system in Ireland and outlined its strengths and weaknesses. A common theme emerged, the use of an independent legal aid system. Following this I began to read about how other countries operate in this sphere.

With the recent rioting and protests in U.S.A following several incidents of racially motivated police brutality, I began to think about what went wrong for the U.S.A. Throughout this article I will walk you through what happens if you cannot afford legal representation in the U.S system (which is common for racial minorities). I will then contrast this with the independent legal aid system. I will then elucidate the stark differences the defendants experience in these two systems. I will finally conclude on what I think the potential solution may be on a broader level.

U.S System:

Under the sixth amendment of the U.S constitution criminal offenders in the U.S.A are entitled to legal representation if they cannot afford one on their own. Generally, this takes the form of the court appointing a lawyer.

Many would think that this is only applicable to a small portion of the country who happen to need a helping hand at that stage. Surely this was the intention when the amendment was drafted in 1791? However, when you consider the realities, this is simply not the case

In U.S.A, the average hourly rate of an attorney in America is $284 and the average hourly income of a U.S citizen is $27.16. From these figures alone we see that this free system is likely the only option for a vast proportion of Americans. While there are various charities in America such as the Harvard Legal Aid Bureau and the Southern Poverty Law Center who perform incredible work at trying to fill this gap, the hole is still gaping nonetheless. African Americans fall disproportionately below the poverty line compared to other racial groups. Therefore, this public defender system is more likely to be a reality for African Americans than any other racial group.

Furthermore, the free lawyers are provided by the public defender system.

The problems with this system are numerous. Firstly, having completed a J1 visa to Myrtle Beach in South Carolina, I spoke with a colleague from the Irish pub I worked in, who was on the cusp of entering law school. He informed me of the perils of working as a public defender including being extremely overworked and having to meet unattainable goals. Given this, he mentioned how a lower calibre of lawyers were becoming public defenders and then leaving after getting the requisite experience to enter private practice. He was steadfast in his contention that if you were to try to fight your case with a public defender then you would be at a distinct disadvantage.

Moreover, the public defenders are generally government employees. Public defenders are government funded offices. They often work alongside the police force in certain investigations. Therefore, many defendants can rightly feel as if the two are in cahoots. It is actually quite rare for the court to contract a private lawyer to represent the client. From a practical standpoint is it wishful thinking to believe someone would question their colleague and then agree with them on an ad-hoc basis as the work demands?

Therefore, a worrying trend emerges from this information.

Independent Legal Aid System:

Let us now consider an independent legal aid system like what we have in Ireland.

In Ireland according to the Criminal Justice (Legal Aid) Act 1962 a criminal offender is guaranteed legal representation. This takes the form of a two-pronged approach.

Firstly, one could opt for the legal aid board approach wherein clients are assessed on a means tested basis and following this, they are adjudicated as to whether or not they can avail of a legal aid board lawyer. The vast majority of those who cannot afford a lawyer in the state fall into this bracket. It is merely play what you can, if I can remember correctly from my internship in the Irish legal Aid Board it was as low as €30 for the advice.

If the defendant’s financial resources fall below this bracket, then the state will appoint a private lawyer to defend them. This lawyer will have no duty to the state other than to defend their client to the best of their abilities.

There is a complete culture change here. Legal Aid here is considered of crucial importance. Extremely capable lawyers of the highest standard fulfil the role of representing the underprivileged here. Those in the legal aid board are extremely qualified and those supplied by the state are generally the best in private practice. While the case burden is also high, a far better representative seems to emerge under this system still.

While there is undoubtedly flaws in the independent legal aid system in Ireland, its operating model clearly has safeguards which could remedy part of the problems many American minorities face in the pursuit of justice.

Thus, perhaps a trial of this model in the United States could be an interesting proposal.

Conclusion:

I believe that amidst this pandemic the U.S.A has hit a fork in the road. Reform is desperately needed. I truly believe that more independent means of upholding the sixth amendment is required. With a well-documented disparity in sentencing for identical offenders who happen to be of a different racial background, coupled with the innumerable incidents of police brutality against racial minorities, it is evident that change is needed.

I spent three months living in the United States and I recognise it as a truly exemplary country built on inspiring ideals and populated for the most part by outstanding people. However, this issue is of critical importance. Hopefully this article can be food for thought even amongst debate here in Ireland, as well as the U.S.A as the world unites to try to repair the fractures of racial tensions.

However, even at the close of writing this article I recognise that this issue is extremely complex and will require vast reform in order to begin to necessitate change.

As an eternal optimist, I believe that this current crisis could be the catalyst for creating a more equal and more advanced society down the track.

With that said, I sincerely hope that this issue is properly addressed and does not merely become the subject of political volleyball ahead of the 2020 U.S Presidential election.

But only time will tell.