NCJ Number
139048
Journal
Criminal Law Bulletin Volume: 28 Issue: 5 Dated: (September-October 1992) Pages: 419-456
Date Published
1992
Length
38 pages
Annotation
This article explores Abraham Blumberg's famous 1967 assertion that criminal defense lawyers, rather than being advocates for their clients, would be more aptly characterized as double agents, merely trying to pursuade their clients to plea bargain, a tactic which would primarily benefit the defense lawyer and the nonadversarial criminal justice system.
Abstract
The first section examines the factors which led Blumberg to paint his cynical picture in which defense lawyers are co-opted by the system to serve organizational interests rather than those of their clients. The second section explores the behavior of defense lawyers in three counties in Wisconsin and Oklahoma to determine whether this portrayal of defense lawyers as double agents is accurate and fair. Ater analyzing a number of important systemic variables governing plea bargaining and court appointments of counsel in these counties, the author concludes that defense attorneys would best be described as beleaguered dealers who, faced with inadequate resources, excessive caseloads, and pressure from prosecutors, often recommend plea bargaining to their clients. The author maintains that advocacy could be enhanced and the quality of representation improved if the system for the delivery of indigent defense services were strengthened. 120 notes