The challenge : evaluating indigent defense : North Carolina systems evaluation project performance measures guide - Page 59 |
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NC Office of Indigent Defense Services—July 2012 NCSEP System Performance Measures Reference Guide Rationale: Racial, gender, ethnic, and economic disparities foster public mistrust and sully the perception of the criminal justice and indigent defense systems. Racial, gender, ethnic, and economic disparities within the indigent defense system violate the spirit of the Equal Protection clause, which guarantees that no person or class of persons shall be denied the same protection of the law that is enjoyed by other persons or other classes of persons in like circumstances. Identifying racial, gender, ethnic, and economic disparities in the indigent defense system will provide NCIDS with information that can be used to establish policies and practices to eliminate these disparities. Data on racial, gender, ethnic, and economic disparities may provide indigent defenders statistical data to support disparate impact litigation claims. Performance Measures/ Indicators: Analyze all indicators by race, gender, income, and English as a second language for signs of disparities % of clients where English is a second language who have access to an interpreter/translator for jail interviews and court appearances (in court or by remote appearance) % of defendants on Immigration Customs Enforcement (ICE) holds Goal: Defendants Receive the Same Quality Representation Regardless of Race, Gender, Ethnicity, or Income Objective: A System Without Racial, Gender, Ethnic, or Economic Disparities “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Constitution Amend. XIV §1 51
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Title | The challenge : evaluating indigent defense : North Carolina systems evaluation project performance measures guide - Page 59 |
Full Text | NC Office of Indigent Defense Services—July 2012 NCSEP System Performance Measures Reference Guide Rationale: Racial, gender, ethnic, and economic disparities foster public mistrust and sully the perception of the criminal justice and indigent defense systems. Racial, gender, ethnic, and economic disparities within the indigent defense system violate the spirit of the Equal Protection clause, which guarantees that no person or class of persons shall be denied the same protection of the law that is enjoyed by other persons or other classes of persons in like circumstances. Identifying racial, gender, ethnic, and economic disparities in the indigent defense system will provide NCIDS with information that can be used to establish policies and practices to eliminate these disparities. Data on racial, gender, ethnic, and economic disparities may provide indigent defenders statistical data to support disparate impact litigation claims. Performance Measures/ Indicators: Analyze all indicators by race, gender, income, and English as a second language for signs of disparities % of clients where English is a second language who have access to an interpreter/translator for jail interviews and court appearances (in court or by remote appearance) % of defendants on Immigration Customs Enforcement (ICE) holds Goal: Defendants Receive the Same Quality Representation Regardless of Race, Gender, Ethnicity, or Income Objective: A System Without Racial, Gender, Ethnic, or Economic Disparities “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” U.S. Constitution Amend. XIV §1 51 |