NCJ Number
86947
Journal
Arizona State Law Journal Volume: 1981 Issue: 2 Dated: (1981) Pages: 585-626
Date Published
1981
Length
42 pages
Annotation
This article reviews constitutional standards used by courts to determine attorney competence, examines model standards for counsel's role at sentencing, and compares this ideal role with actual performance of a sample of attorneys in Maricopa County, Ariz.
Abstract
Although courts have ruled that ideal representation is not required to meet the constitutional standards of attorney reasonable competence, defense counsel should still strive to fulfill certain obligations addressed in the model guidelines for attorneys at sentencing. Three basic elements of the sentencing process are involved in any analysis of effective representation: investigation, preparation, and courtroom advocacy. Investigation should encompass interviews with the client and with those who know him/her best, a search for mitigating information, and inquiry into available programs for rehabilitation. Preparation should include analysis of status, cooperation with the probation officer, and a review of documents that will be submitted to the court. Advocacy should begin with a presentencing conference with the judge and end with oral argument at the sentencing hearing. The interview with 173 Arizona defense lawyers and probation officers' monitoring of defense counsel involvement in presentence investigations shows that the majority of lawyers prepare their clients for interviews with probation officers, talk with the probation officers by telephone, recommend some plans of disposition, check the accuracy of presentence reports, and undertake one or more other activities which they believe might be beneficial; nevertheless, the majority of the lawyers appear to conduct the required activities only in cursory fashion, so improvement in the quality of the work performed is needed. Tabular data and 227 footnotes are provided. For other documents on the Arizona study, see NCJ 86944-46.