{"title":"考察贫困防御团队服务的有效性:整体防御实践中的多站点评价","authors":"Brian J. Ostrom, J. Bowman","doi":"10.1080/0098261X.2020.1723842","DOIUrl":null,"url":null,"abstract":"Abstract The past 50 years has witnessed the ongoing development by public defenders of what it means to “provide the effective assistance of counsel” through strong legal advocacy. More recently, many practitioners contend that in addition to the defense attorney, professional support services, such as social workers, paralegals, and criminal investigators, are critical to effective assistance of counsel in indigent defense cases. The umbrella of what we call the holistic defense model covers the most developed concepts and practices of an integrated defense team. The National Center for State Courts (NCSC) evaluated the implementation of holistic defense practices at three public defender offices: the Department of Public Advocacy in Bowling Green, Kentucky; the Hennepin County Public Defender in Minneapolis, Minnesota; and the Rhode Island Public Defender in Providence County, Rhode Island. In all offices, on-site interviews and surveys were conducted with attorneys, judges, social workers, investigators, and others with knowledge of practices at the site. Results from the evaluation clarify (1) how indigent defense providers have implemented the principles of holistic defense in practice, (2) how holistic defense practices vary among providers, and (3) what factors have facilitated or impeded implementation of holistic defense practices. A team-based approach to representation was most prevalent at Hennepin County and Rhode Island, where social workers, investigators, and attorneys worked closely together and perceived themselves to be part of a “defense team,” while local constraints reduced the level of teamwork at Bowling Green. The findings make clear that each site approaches the practice of holistic defense differently, largely driven by local priorities and funding realities.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":"38 1","pages":"139 - 184"},"PeriodicalIF":0.7000,"publicationDate":"2020-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Examining the Effectiveness of Indigent Defense Team Services: A Multisite Evaluation of Holistic Defense in Practice\",\"authors\":\"Brian J. Ostrom, J. Bowman\",\"doi\":\"10.1080/0098261X.2020.1723842\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The past 50 years has witnessed the ongoing development by public defenders of what it means to “provide the effective assistance of counsel” through strong legal advocacy. More recently, many practitioners contend that in addition to the defense attorney, professional support services, such as social workers, paralegals, and criminal investigators, are critical to effective assistance of counsel in indigent defense cases. The umbrella of what we call the holistic defense model covers the most developed concepts and practices of an integrated defense team. The National Center for State Courts (NCSC) evaluated the implementation of holistic defense practices at three public defender offices: the Department of Public Advocacy in Bowling Green, Kentucky; the Hennepin County Public Defender in Minneapolis, Minnesota; and the Rhode Island Public Defender in Providence County, Rhode Island. In all offices, on-site interviews and surveys were conducted with attorneys, judges, social workers, investigators, and others with knowledge of practices at the site. Results from the evaluation clarify (1) how indigent defense providers have implemented the principles of holistic defense in practice, (2) how holistic defense practices vary among providers, and (3) what factors have facilitated or impeded implementation of holistic defense practices. A team-based approach to representation was most prevalent at Hennepin County and Rhode Island, where social workers, investigators, and attorneys worked closely together and perceived themselves to be part of a “defense team,” while local constraints reduced the level of teamwork at Bowling Green. The findings make clear that each site approaches the practice of holistic defense differently, largely driven by local priorities and funding realities.\",\"PeriodicalId\":45509,\"journal\":{\"name\":\"Justice System Journal\",\"volume\":\"38 1\",\"pages\":\"139 - 184\"},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2020-02-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Justice System Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/0098261X.2020.1723842\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Justice System Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/0098261X.2020.1723842","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Examining the Effectiveness of Indigent Defense Team Services: A Multisite Evaluation of Holistic Defense in Practice
Abstract The past 50 years has witnessed the ongoing development by public defenders of what it means to “provide the effective assistance of counsel” through strong legal advocacy. More recently, many practitioners contend that in addition to the defense attorney, professional support services, such as social workers, paralegals, and criminal investigators, are critical to effective assistance of counsel in indigent defense cases. The umbrella of what we call the holistic defense model covers the most developed concepts and practices of an integrated defense team. The National Center for State Courts (NCSC) evaluated the implementation of holistic defense practices at three public defender offices: the Department of Public Advocacy in Bowling Green, Kentucky; the Hennepin County Public Defender in Minneapolis, Minnesota; and the Rhode Island Public Defender in Providence County, Rhode Island. In all offices, on-site interviews and surveys were conducted with attorneys, judges, social workers, investigators, and others with knowledge of practices at the site. Results from the evaluation clarify (1) how indigent defense providers have implemented the principles of holistic defense in practice, (2) how holistic defense practices vary among providers, and (3) what factors have facilitated or impeded implementation of holistic defense practices. A team-based approach to representation was most prevalent at Hennepin County and Rhode Island, where social workers, investigators, and attorneys worked closely together and perceived themselves to be part of a “defense team,” while local constraints reduced the level of teamwork at Bowling Green. The findings make clear that each site approaches the practice of holistic defense differently, largely driven by local priorities and funding realities.
期刊介绍:
The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.