What Are the Types of Criminal Justice Lawyers?
The landmark 1963 Supreme Court case Gideon v. Wainright established that state courts must provide an attorney to criminal defendants who otherwise could not afford one. Courts refer to those who cannot afford attorneys as "indigent defendants." Gideon led to the further expansion of the public defender service. Criminal defendants who can afford to retain an attorney usually hire private counsel and pay a fee for the lawyer's services. As a result, a large number of criminal justice lawyers exist on the defense and prosecution side.
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Public Defenders
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The public defender service differs from jurisdiction to jurisdiction. In most places, the state or local county in which the prosecution takes place employs the attorneys. These attorneys receive a salary and have large caseloads. In addition, the federal government has a public-defender service for those accused of federal crimes who cannot afford an attorney.
Private Lawyers
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Many ;awyers in private practice represent criminal defendants who can afford to pay for legal services. Small, medium and large law firms employ attorneys who focus on criminal defense and criminal justice. Paying for a private attorney is generally an expensive process. As a result, it is often---but not always---defendants convicted of "white-collar" crime who hire their own counsel.
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Legal Aid Societies
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Many nonprofit organizations exist to provide representation to indigent defendants. For example, the New York Legal Aid Society is the largest provider of public defender services in New York County.
Panel Attorneys
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Some jurisdictions, like the District of Columbia, pay private lawyers to represent indigent defendants. The government has a panel of private criminal justice attorneys who receive hourly compensation for their time. Using a panel of criminal justice attorneys is often a supplement to the public defender service, not a replacement. For instance, the District of Columbia has both panel attorneys and a robust public defender service.
District Attorneys
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The government has the responsibility to prosecute persons accused of a crime. In most jurisdictions, this process falls on the local district attorneys' office. The local district attorney usually has a staff of assistant district attorneys. These officials are responsible for prosecuting crimes in state and local courts across the United States.
United States Attorneys
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The Attorney General is the chief law enforcement official in the United States. The President appoints, and the Senate confirms, U.S. attorneys for each federal district. Each U.S. Attorney has a staff of assistant U.S. attorneys. These officials are responsible for prosecuting crimes in federal district courts.
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