Indigent Defense: Transcripts, Experts & Basic Tools

Rulings about what the government must provide to a defendant who cannot afford it, such as trial transcripts and expert help, including for people going pro per/pro se. Summaries from Criminal Defense Resources™ are general education for pro per/pro se defendants and families, not legal advice.

3 rulings, newest first.

• Ake v. Oklahoma

  U.S. Supreme Court · February 26, 1985 · 470 U.S. 68 (1985)

  The Court held that when a defendant makes a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial, the Constitution requires the state to provide access to a psychiatrist's help if the defendant cannot otherwise afford one.

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• Britt v. North Carolina

  U.S. Supreme Court · December 13, 1971 · 404 U.S. 226 (1971)

  The Court named two factors for deciding whether a defendant who cannot pay needs a free transcript: (1) the value of the transcript for the appeal or trial, and (2) whether other options would do the same job. On the facts of this case, the Court found the transcript of an earlier mistrial was not needed, because other options were available.

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• Griffin v. Illinois

  U.S. Supreme Court · April 23, 1956 · 351 U.S. 12 (1956)

  The Court held that a state that grants appellate review cannot deny it to a defendant just because the defendant cannot afford a trial transcript. The lead opinion said, "There can be no equal justice where the kind of trial a man gets depends on the amount of money he has."

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