NCJ Number
45444
Date Published
1977
Length
119 pages
Annotation
TRIANGULATED ANALYSIS IS USED TO EVALUATE THE QUALITY OF DEFENDER SERVICES OFFERED BY THE FRANKLIN COUNTY SPECIAL DEFENSE UNIT, A PROGRAM FOR 'CAREER CRIMINALS.'
Abstract
FRANKLIN COUNTY WAS ONE OF 11 ORIGINAL JURISDICTIONS TO RECEIVE LEAA FUNDINGS FOR A CAREER CRIMINAL PROGRAM BEGUN IN JULY 1975 IN THE PROSECUTOR'S OFFICE. IT IDENTIFIES DEFENDANTS WITH TWO OR MORE FELONY CONVICTIONS AND ASSIGNS THEM TO A SPECIAL CAREER CRIMINAL TASK FORCE WITHIN THE PROSECUTOR'S OFFICE. TO PROVIDE SOME BALANCE IN THE PROCESS OF PROSECUTING THESE SO-CALLED 'CAREER CRIMINALS,' THE PUBLIC DEFENDER'S OFFICE RECEIVED A LEAA GRANT FOR A SIMILAR UNIT, WHICH BEGAN OPERATING IN JUNE 1976. CALLED THE SPECIAL DEFENSE UNIT, IT HANDLES THREE KINDS OF CASES: (1) DESIGNATED CAREER CRIMINALS -- CASES OFFICIALLY DESIGNATED AS CAREER CRIMINALS BY THE PROSECUTOR'S CAREER CRIMINAL UNIT; (2) NONDESIGNATED CAREER CRIMINALS -- CASES WHICH FIT PROSECUTOR'S CRITERIA NOT OFFICIALLY DESIGNATED; (3) OTHER CASES WHICH DO NOT FIT THE CAREER CRIMINAL CRITERIA BUT ARE PICKED UP FOR VARIOUS REASONS. IT WAS DETERMINED THAT THE GOAL OF THIS UNIT IS TO PROVIDE EFFECTIVE REPRESENTATION TO INDIGENTS LABELED AS CAREER CRIMINALS. ACHIEVEMENT WAS MEASURED BY COMPARING CASE OUTCOMES BETWEEN SPECIAL DEFENSE UNIT ATTORNEYS, PUBLIC DEFENDERS, AND PRIVATE ATTORNEYS; COMPARING PROCEDURE WITH OBJECTIVE NATIONAL STANDARDS (SUCH AS THOSE OF THE AMERICAN BAR ASSOCIATION); AND SURVEYING THE OPINIONS OF THE CLIENTS. COMPARISON OF CASE OUTCOMES WITH CASES OF PRIVATE ATTORNEYS AND REGULAR PUBLIC DEFENDER STAFF (CONTROLLED FOR PAST HISTORY AND CIRCUMSTANCES OF THE CASE) FOUND THAT CLIENTS OF THE SPECIAL DEFENSE UNIT HAD SIGNIFICANTLY BETTER OUTCOMES: 9.4 PERCENT WERE NOT PROSECUTED, COMPARED TO 13.1 PERCENT NOT PROSECUTED BY PRIVATE ATTORNEYS, AND 12.5 PERCENT BY PUBLIC DEFENDERS. HOWEVER, OF THOSE PROSECUTED 7.5 PERCENT OF SPECIAL UNIT CLIENTS WERE ACQUITTED, COMPARED TO 4 PERCENT OF PRIVATE AND 5.6 PERCENT OF PUBLIC DEFENDER CLIENTS; 11.3 PERCENT HAD THE CHARGE REDUCED TO A MISDEMEANOR, COMPARED TO 6.1 AND 8.3 PERCENT; AND 24.5 PERCENT HAD THE PLEA REDUCED TO A LESSER OFFENSE, COMPARED TO 11.1 AND 19.4 PERCENT. CLIENTS FOUND GUILTY AS CHARGED WERE 3.8 PERCENT FOR SPECIAL DEFENSE UNIT, 25.3 PERCENT FOR PRIVATE ATTORNEYS, AND 15.3 PERCENT FOR PUBLIC DEFENDERS. THIS IS SIGNIFICANT AT THE .003 LEVEL. COMPARISON WITH NATIONAL STANDARDS FOUND THE UNIT MEETING ALL CRIMINAL REPRESENTATION GUIDELINES. CLIENTS CONTACTED, HOWEVER, TENDED TO BE NEGATIVE ABOUT THE UNIT ATTORNEYS, CLAIMING THEY DID NOT SPEND ENOUGH TIME WITH CLIENTS AND DID NOT WORK HARD ENOUGH FOR THEM. HOWEVER, MOST OF THE CLIENTS WHO COULD BE TRACKED DOWN FOR THE FOLLOWUP INTERVIEWS WERE IN PRISON, WHICH PROBABLY HAD A SIGNIFICANT EFFECT ON THEIR RESPONSES. IN ADDITION, MANY OF THESE CLIENTS HAD HAD BAD EXPERIENCES WITH PUBLIC DEFENDERS IN THE PAST, WHICH MAY BIAS THEIR RESPONSES. THE FACT REMAINS, THOUGH, THAT A MAJORITY OF SPECIAL DEFENSE UNIT CLIENTS DO NOT FEEL THEY RECEIVED EFFECTIVE REPRESENTATION. (GLR)