Abstract
This article is a comparative analysis of the systems for providing criminal defense representation to the poor in the United States and in Turkey. Both the Turkish and American legal systems guarantee the right to counsel in criminal cases and have established administrative structures for delivering legal aid services. This article focuses on four key aspects that distinguish the two systems in their present forms: (1) the historical development of the right to counsel as a constitutional versus a statutory right; (2) the inclusion versus exclusion of the notion that the right to counsel necessarily entails a right to competent and effective counsel; (3) the incorporation versus the rejection of financial eligibility limitations on the invocation of the right to counsel; and (4) a complete versus a limited notion of the types of criminal charges for which the entitlement to legal aid should be automatic. The article concludes by comparing the systems for administering criminal legal aid services in America and Turkey, particularly with respect to the decentralized, patchwork system that exists in America as a result of its federalist system of government.
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