Defense Function: Explained

In any criminal proceeding, the defendant has a constitutional right to effective counsel under the 6th Amendment as a result of the Supreme Court’s landmark decision in Gideon v. Wainwright. It is the responsibility and duty of defense counsel to (among other things): listen to the client’s story and establish a relationship of trust; research the case facts and governing law; decipher complex scientific evidence, such as DNA; investigate the client’s background and life history; consult with fact and expert witnesses; challenge unconstitutional police conduct; negotiate favorable settlements with prosecutors; and zealously defend clients in jury trials.

One important way to immediately improve the defense function is this: defense attorneys must move to a more holistic defense model. An attorney employing a holistic approach seeks to identify and address the underlying circumstances that may have led to the defendant’s entanglement with the criminal legal system. These underlying issues may include drug abuse, poverty, family or housing instability, mental illness, lack of employment opportunities, etc. Defense counsel can help the accused to address these issues by working with other professionals (such as social workers) to make appropriate referrals to drug and alcohol counselors, mental health providers, and employment specialists. Such an approach has both the immediate benefit of mitigating punishment in the pending criminal case as well as the long-term benefit of helping to ensure that the accused addresses the root cause and does not return to the criminal legal system later. Scroll down for links with more information about holistic defense and the positive individual and societal impacts it can achieve.