NCJ Number
42506
Journal
Indiana Law Journal Volume: 48 Issue: 3 Dated: (SPRING 1973) Pages: 404-426
Date Published
1973
Length
23 pages
Annotation
THE FINDINGS OF A STUDY OF THE WAYS IN WHICH DEFENDANTS WITH CERTAIN TYPES OF COUNSEL DIFFER IN THEIR CRIMINAL PROCEDURE TREATMENT FROM DEFENDANTS WHO HAVE OTHER TYPES OF COUNSEL ARE PRESENTED IN THIS ARTICLE.
Abstract
THE COMPARISONS STUDIED WERE: COUNSEL VERSUS NO COUNSEL; HIRED COUNSEL VERSUS PROVIDED COUNSEL; PUBLIC DEFENDER VERSUS ASSIGNED COUNSEL; AND EARLY-OBTAINED COUNSEL VERSUS LATE-OBTAINED COUNSEL. DATA WERE EXTRACTED FROM 1101 GRAND LARCENY CASES PROSECUTED IN 194 COUNTIES NATIONWIDE IN 1962, WHICH WERE EXAMINED IN A LARGER STUDY CONDUCTED BY LEO SILVERSTEIN FOR THE AMERICAN BAR FOUNDATION. THE FINDINGS INDICATE THAT HAVING AN ATTORNEY IS EXPECIALLY IMPORTANT WITH REGARD TO RECEIVING A PRELIMINARY HEARING, BEING RELEASED ON BAIL, AND RECEIVING A SHORT SENTENCE. IT WAS ALSO FOUND THAT HAVING A HIRED ATTORNEY RATHER THAN A COURT-PROVIDED ONE IMPACTS GREATLY ON BEING RELEASED ON BAIL AND RECEIVING A SUSPENDED SENTENCE OR PROBATION IF FOUND GUILTY. OTHER FINDINGS INCLUDE THAT HAVING A PUBLIC DEFENDER RATHER THAN ASSIGNED COUNSEL MAY MEAN GETTING AN ATTORNEY MORE QUICKLY, HAVING ONE'S CASE PROCESSED FASTER, AND BEING BETTER REPRESENTED IN PLEA BARGAINING. WITH REGARD TO EARLY- VERSUS LATE-OBTAINED COUNSEL, THE AUTHOR FOUND THAT EARLY-OBTAINED COUNSEL TENDS TO MEAN COURT-PROVIDED COUNSEL RATHER THAN HIRED COUNSEL, ESPECIALLY IN MORE URBAN COUNTIES, AND, AMONG INDIGENTS STUDIED, HAVING A PUBLIC DEFENDER RATHER THAN ASSIGNED COUNSEL.(AUTHOR ABSTRACT MODIFIED)...EB