INADEQUATE DEFENSE COUNCIL - AN EMPIRCIAL ANALYSIS OF PRISONERS' PERCEPTIONS

• NCJ Number: 57988
• Journal: American Journal of Criminal Law Volume: 7 Issue: 1 Dated: (MARCH 1979) Pages: 1-21
• Author(s): G P ALPERT
• Date Published: 1979
• Length: 21 pages
• Corporate Author: University of Texas
• Sale Source: UMI Dissertation Services
• Language: English
• Country: United States of America

Annotation

SOCIODEMOGRAPHIC CHARACTERISTICS OF PRISONERS AND VARIABLES RELATING TO THEIR EXPERIENCES WITH THE CRIMINAL JUSTICE SYSTEM ARE EMPLOYED IN A MODEL TO ANALYZE PRISONER'S PERCEPTIONS OF THEIR DEFENSE COUNSEL.

Abstract

REVIEW OF THE REQUIREMENT OF ACCESS TO EFFECTIVE COUNSEL (U.S. V. DECOSTER) AND PREVIOUS RESEARCH ON DEFENSE COUNSEL, BOTH EMPIRICAL AND THEORETICAL, POINTED OUT SEVERAL VARIABLES RELATING TO EFFECTIVENESS OF COUNSEL, INCLUDING NUMBER OF DAYS BETWEEN ARREST AND INITIAL INTERVIEW, TOTAL NUMBER OF INTERVIEWS, AND WHETHER THE DEFENDANT MADE BAIL AND THE COUNSEL ADVISED THE DEFENDANT ON HOW TO PLEAD. THE PRESENT STUDY IS BASED ON THE PREMISE THAT ATTEMPTS TO MEASURE THE ADEQUACY OF DEFENSE COUNSEL SHOULD REQUIRE A COMPLEX, MULTITRAIT, MULTIMETHOD RESEARCH DESIGN AND THE VALIDITY AND RELIABILITY OF THE SELECTED MODEL SHOULD DEPEND ON NUMEROUS VARIABLES AND THE ABILITY OF SOCIAL SCIENCE TECHNIQUES TO MEASURE THEM. A COHORT OF 186 MALE PRISONERS AND A GROUP OF 81 FEMALE PRISONERS ADMITTED TO THE TEXAS DEPARTMENT OF CORRECTIONS DURING THE FALL OF 1976 WERE QUESTIONED ABOUT THEIR PERCEPTIONS OF THEIR DEFENSE COUNSEL. EACH PRISONER WAS ASKED FOR BACKGROUND INFORMATION AND QUESTIONED ON THREE SETS OF ITEMS RELATING TO THE DUTIES DELINEATED IN THE DECOSTER CASE. ANALYSIS WAS CONDUCTED OF ATTITUDES TOWARDS COUNSEL'S COMPETENCE AND VARIABLES AFFECTING PERCEPTION OF WHETHER DEFENSE COUNSEL DISCUSSED DEFENSE STRATEGIES AND FOCUS OF DEFENSE, PRISONER'S PERCEPTIONS OF HAVING BEEN ADVISED OF RIGHTS, AND PRISONER'S SATISFACTION WITH COUNSEL INVESTIGATION AND PREPARATION OF CASE. RESULTS SHOW THAT CLASSIFICATION OF PRISONERS INTO CORRECT GROUPS ON QUESTIONS DEALING WITH ATTORNEY INVESTIGATIVE COMPETENCE WAS AFFECTED SIGNIFICANTLY BY LENGTH OF SENTENCE, TOTAL YEARS SPENT IN PRISON, BAIL ACHIEVEMENT, TYPE OF ATTORNEY, RACE, AND AGE. OVERALL, MOST PRISONERS FEEL THAT PRIVATE COUNSELS ARE USUALLY BETTER PREPARED THAN PUBLIC-SUPPORTED COUNSELS. A MODEL FOR ENSURING COMPREHENSIVE 'EFFECTIVE DEFENSE' IS PROVIDED. (DAG)