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The Quality of a Legal Defense: Does it Matter if You’re Rich or Poor, Black or White?

By Maureen Cavanaugh and Patty Lane
Logo for K P B S San Diego

Is the quality of legal representation different for someone who is poor and accused of a crime versus someone who can afford their own attorney?

Stephen B. Bright of the Southern Center for Human Rights says the civil rights movement has had little effect on the justice system. He points to an overwhelmed court system, inexperienced attorneys with heavy caseloads and an inequity in funding for those defending the accused who cannot afford their own attorney.

“You go to the courthouse and it looks like nothing has changed,” Bright said on KPBS Midday Edition yesterday. “The judge is white, the prosecutor is white and, even in communities with fairly substantial African American populations, a lot of times the entire jury will be white.

“We know that race affects the criminal justice system from whether or not you’re stopped, whether you’re abused during the stop, whether you’re arrested, how high your bail is set and how severe the punishment is. At every stage of the process, race figures pretty dramatically into it.”

Bright said income comes into play, as well. Poor people are often assigned public defenders with very large case loads and few resources.

“Unfortunately many people are not really represented, they’re processed through the system,” Bright said. “That’s sort of like a fast food restaurant, not justice.”

Click here to listen to KPBS’s interview with Bright