Institutional design choices determine who controls prosecution and indigent defense decisions.

Evidence

The policy question is whether to opt for a public defender program, an assigned counsel system, or some other alternative. Similarly, some mechanism must be devised for distinguishing between cases that merit prosecution and cases that do not. The policy question here is whether this judgment should rest with the prosecutor, the judge at the preliminary hearing, or some other official. — G. Alan Tarr, Judicial Process and Judicial…, 2055

Categorization

• DEFINE: Frames the structural alternatives (public defender vs. assigned counsel) that define how jurisdictions deliver the Sixth Amendment right to counsel.
• XREF: connects to: Working relationships with prosecutors can co-opt defense attorneys into the system. — G. Alan Tarr, Judicial Process and Judicial…, 1818; Institutional design must assign who thinks about the rationale of decisional rules — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2617; Legal structures both express and reinforce the distribution of power — Lawrence M. Friedman, A History of American Law, 3798 (+3 more)

Broader Connections

• Legal structures both express and reinforce the distribution of power #corroborates (0.95) — Lawrence M. Friedman, A History of American Law, 3798
• Institutional design, expertise, and resources determine how each branch defines and handles policy. #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 2849
• Institutional design must assign who thinks about the rationale of decisional rules #qualifies (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2617
• Institutional allocation of rule-making duty depends on the type of question at stake #qualifies (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4174
• Laws should be selected through contest and testing rather than consensual design #complicates (0.80) — Philip Pettit, Republicanism, 1271