Reporter: sub micro

2003Years2Month14Day

Today, we are going to talk about for the poor and the social vulnerable groups of the legal aid scheme. In American, federal and state governments and private organizations through various means, to those living below the poverty line and can not afford a lawyer to provide legal services free of charge, to ensure their legal rights are protected, for example: to provide legal advice and help the lawsuit etc.. It embodies the judicial impartiality advocated USA law.

 

*The historical background of the formation of legal aid*

The concept of legal aid is in the legal practice in the continuous development of the. Its history can be traced back to the earliest19In the late 19th century.1876Years, New York German American Association set up a special help German immigrant legal institutions.1890Years, the institution officially become a "Legal Aid Society of New York", the service also expanded from the original German born to other people.1888Years, "bureau of justice established Chicago ethical culture societies", it can be said to be the first America regardless of nationality, race or gender, to provide legal aid to individual institutions. Later, other city also began to imitate.20A few years ago century, legal aid offices in most of the city such as bamboo shoots after a spring rain like emerge.

 

"The legal aid and Counsel Association" director Donald Saunders Department of civil legal aid(Don Saunders)Said,19At the beginning of the century, a large number of immigrants, such as German, Jewish and Asian immigrants poured into some big city American post, there are many problems in the relationship between landlords and tenants housing problem. Therefore, these immigrant community together, by giving to charity and the other ways of the legal aid society, which, as a civil legal problems people provide free legal aid. The concept of legal aid will emerge as the times require.

 

However, for the poor to provide free legal aid idea can be said to be in the1919Officially proposed. At that time, the law authority Reginald Smith wrote a book called "justice and the poor" book. Smith in this book inspire legal workers consider legal opportunity to let all people enjoy fair as a duty. He said, "no fair legal system not only deprived of the opportunity only to protect, but also the most powerful and merciless weapon to oppress the poor people."

 

Smith claims caused quite a stir in American law,20At the beginning of this century, "American Lawyers Association" set up a special committee of legal aid, but also recommend every bar association to set up such a committee.20The middle of the century, have some form of legal aid scheme for almost all of the metropolitan area, there is a part of Lawyers Association, mainly rely on lawyers provide free service, and some by the Faculty of law, social institutions and private nonprofit organization management. However, these programs are charitable activities in private, the federal government has not involved, so far not meet the basic needs of the majority of the poor. According to the letter, at that time only1%In need of legal aid the poor get such assistance.

 

1964During the year, Lyndon Johnson as president, America government office of economic opportunity of poverty eradication activities, as part of this, USA government for the first time the legal services in poor funding.60In the late70In the early 1990s, civil legal aid scheme has been expanded.1974Years passed by Congress, USA "Legal Service Corporation law," the independent "Legal Service Corporation" congressional appropriations.

However, the congressional appropriations has experienced many ups and downs.1980Years, President Reagan has tried to abolish the legal services program, congressional appropriations to "Legal Service Corporation" reduction.1995Years, the Clinton presidency, Congress appropriated once reached4Billion dollars. GeorgeW• Bush became president, congressional appropriations and down to3Billion3Tens of millions of dollars. "Legal Service Corporation" is still operating today, providing financial support to the country's legal aid scheme.

 

Professor Patrick Randolph of the Law School of Missouri University in Kansas City(Patrick Randolph)Points out that, in addition to help the poor of the legal aid scheme, there by the special interest groups and organizations to support the public interest law firm. He said one example, feminist or environmentalists may hire public interest law firm, accept special associated with women and environmental protection problems. He said, many organizations that, in many cases, they will give their view is advantageous to all citizens. Sometimes, will also do the poor. For example, they may be subject to domestic violence, but no offers money to ask a lawyer to women.

 

Professor Randolph said, the past20Years, many law schools also set up legal clinic, students in practicing lawyer to provide legal services under the guidance, costs included in the tuition fee, or from the law school received donations. In some cases, these legal clinic can be supported by the government.

 

In addition, California, San Diego, brother1999Year started a pilot program, called the homeless people court, specialized in providing legal aid for the homeless. New York city and New York legal aid society still2003Years to reach an agreement, agreed to set up a panel of experts, responsible for out of court mediation homeless families and New York City Hall dispute, the move was regarded as a supplement to the legal aid scheme.

 

*Civil legal aid and criminal legal aid*

As we know, the legal aid plan to protect the legal rights of the poor, to ensure that everyone can enjoy the consulting and hire a lawyer the right, whether he is doing economic capacity. Legal aid in fact divided into two kinds, one kind is the civil legal aid, the other one is the criminal legal aid. The former is composed of the legal aid department, the public defender's office is responsible for the latter, we mainly discuss the problem of civil legal aid.

 

"The legal aid and Counsel Association, director of the Department of civil legal aid," Donald Saunders said, civil legal aid money from the government grants and private donations and other channels. He said, the biggest civil legal aid has been funding from Congress for the "Legal Service Corporation". The national organization to the country's civil legal aid plan allocation3Billion dollars. Theoretically, every county has a legal aid office. Saunders said, civil legal aid other funding from the state government funding, charity and free legal services, this funding in the sum5Billion to6Billion dollars.

 

Washington "legal aid society" executive director Jonathan Smith(Jonathan Smith)Said, although the provisions of law, American without civil legal aid but, legal workers to provide the service as a moral obligation. He said, although we do not raise any argument can explain, civil legal aid is authorized by law. However, there is a broad consensus, USA court and the legal profession that is, legal aid is the people to solve the problem by means of an indispensable court. Although the law does not require the provision of legal aid. However, people think this is very valuable, and regarded it as a moral principles and obligations.

 

Provision of criminal legal aid practice can find theoretical basis, from the USA Federal Supreme Court ruling for example, a Florida is not much culture, did not have much money poor Gideon was accused of housebreaking, because can not afford a lawyer without getting a fair legal treatment, and was sentenced to prison5Years. But, he says USA Federal Supreme Court said, he was refused a lawyer defending rights, constitutional rights are violated.

He pointed out, the constitution article6Provisions of amendment, all criminal proceedings, the defendant is entitled to a fair jury quickly and public trial and the right to have the assistance of counsel defense. America constitution article14Provisions of amendment, without due process of law, no person shall be deprived of life, liberty or property.1963Years, the Federal Supreme Court ruled that a defendant, criminal felony, consulting and hire a lawyer to defend the right to. If he can not afford a lawyer, the court should be free to assign him a lawyer. Later, the lower court to the Supreme Court, Gideon to a case for retrial, Gideon was acquitted.

In this case, state and local governments must be in accordance with the Supreme Court ruling, providing financial support to the public defender's office. Therefore, criminal legal aid has become a state or local government responsibility. At present, the majority of the nation state and the city have set up the public defender's office, they received specialized court appointed, to provide legal aid for criminal defense. The federal government only in cases involving federal law felony is bearing legal aid duty.

 

Professor Patrick Randolph College of Law University in Kansas, Missouri, the actual situation is, civil legal aid criminal defendants receive very limited. He said, if a person is charged with a criminal offence, under normal circumstances would not be civil legal assistance. The government will appoint a lawyer to defend him, and that legal aid is a completely different system. Professor Randolph said, the trial of criminal cases, the general practice is required, the defendant lawyer defense right is limited to an appeal, but in the process of trial, he lost the lawyer to defend their rights, but it also different from state to state.

 

"Executive director Mali Lanzhou legal aid," Robert Rudi(Robert Rhudy)Think, the public defender plan than to the civil legal aid scheme to get public support for more. He said, in Mali, Lanzhou, the public defender's office a year6Tens of millions of dollars of public funding, civil legal aid funded only1Thousands of6Million. In the United States, federal, state and local civil legal aid funding each year8Billion, and to achieve the criminal legal aid funding20Billion dollars.

 

Then, the civil legal aid scheme is how to operate? Robert Rudi introduced the Mali Lanzhou practice. He said, "the Mali Lanzhou legal aid company" by the Lanzhou Council of Mali1982To authorize the establishment, the board of directors nominated by the governor of the state, the State Council confirmed. Rudi said, their organization each year to raise about7Millions of dollars, to28Non profit legal aid organizations funding, these organizations have had their own lawyers and staff, some rely on the voluntary sector than lawyers provide free services."

 

Rudi also said, "the Mali Lanzhou legal aid company" has150Lawyers, there are other lawyers provide free service. Only2002Years, there2More than a thousand lawyers provide free service. Plan of legal aid Mali Lanzhou every year11Million to provide legal aid case, the scope of legal aid include divorce, child custody, separation and division of property, the landlord and the tenant and the employer and employee disputes, consumer rights and social welfare and so on a series of civil problem. Rudi said, the legal aid department to provide lawyers, legal interpretation of their rights and obligations to the need to help the poor, sometimes through mediation or to the court on behalf of them.

 

Washington "legal aid society" executive director Jonathan Smith introduced the applied for legal aid needs to meet the conditions. He said, they only help those living below the federal poverty line of the poor, that is to say, economic status in the lowest social talent qualify for legal aid. In spite of this, many case, make them too busy to attend to all. Smith said, only in Washington Columbia area, there are about20%Of the population lives below the poverty line, so there are about10Million people are eligible for legal aid, most of them women and children. However, due to inadequate financial resources, lack of lawyers, they sometimes have to reject some requirements.

 

The experts pointed out, the legal aid lawyers and public defenders are often overloaded with work, they have to deal with a large number of cases, give attention to individual cases is very difficult. Coupled with the lack of funds, therefore, all people can enjoy the fair legal opportunity is still needs to realize the dream.