Document Type

Article

Publication Date

6-2013

Journal

Yale Law Journal

Volume

122

Issue

8

First Page

2316

Last Page

2335

Abstract

As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same time, fiscal necessity and moral outrage have prompted a historic reexamination of outdated policies that have led to an overreliance on incarceration and inefficiencies in the administration of criminal justice. This Essay argues that there are synergies between the indigent defense reform agenda and the broader criminal justice reform agenda, which places a premium on cost-effective, evidence-based, innovative ways to reduce crime and recidivism and enhance public safety. By integrating indigent defense reform into this emerging "smart-oncrime" reform movement, we not only make better criminal justice policy, we also reaffirm our fidelity to the constitutional values undergirding Gideon.

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