Funding the Fundamental Right to a Legal Defense

The Sixth Amendment of the Constitution guarantees all United States citizens the right to a fair trial. However, that right has not been made equally accessible to all defendants in the criminal justice system due to the underfunding of Public Defender’s offices nationwide. This thesis examines the impact of this underfunding on indigent criminal defendants and analyzes social psychology research to understand the psychological biases that help explain this underfunding, and how they might be overcome. Evidence suggests that the disproportionate government expenditure on the State Attorney and underfunding of the Public Defender has led to a skewed legal system that favors not only the prosecutor, but also the white, abled, and wealthy. I argue that to support a criminal justice system that aligns with the values of equality and justice, the Public Defender must be properly funded to fulfill its adversarial role.