INDIGENT DEFENSE SYSTEMS ANALYSIS PROJECT - FINAL REPORT

• NCJ Number: 43542
• Author(s): B LYNCH; K SMITH
• Date Published: 1976
• Length: 215 pages
• Grant Number(s): 75-NI-99-0019
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: National Legal Aid and Defender Assoc
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A NATIONAL STUDY OF DEFENSE SERVICES FOR INDIGENTS AND OF PLEA-BARGAINING PRACTICES AS THEY RELATE TO INDIGENT DEFENDANTS IS DOCUMENTED.

Abstract

THE STUDY INCLUDED A QUESTIONNAIRE SURVEY OF 601 INDIGENT DEFENSE SYSTEMS (70 PERCENT RESPONSE) AND FIELD VISITS TO 8 SYSTEMS. THE STUDY REPORT OFFERS A DESCRIPTION OF THE STAFFING, OPERATIONS, AND CASELOADS OF THE DEFENSE SYSTEM SURVEYED AND AN ANALYSIS OF PLEA-BARGAINING PRACTICES IN THESE SYSTEMS. THE STUDY CONCLUDES THAT A VARIETY OF STRUCTURES FOR PROVIDING DEFENSE SERVICES TO PERSONS UNABLE TO EMPLOY THEIR OWN ATTORNEYS ARE BEING USED, BUT THAT THERE IS NO AGREEMENT AS TO WHICH STRUCTURE PROVIDES THE BEST DEFENSE SERVICES AT THE LOWEST COST. ALTHOUGH NO ONE AGENCY CHARACTERISTIC WAS FOUND TO ACCOUNT FOR AGENCY-TO-AGENCY VARIATIONS IN GUILTY PLEA RATES, IT WAS FOUND THAT LARGER DEFENSE AGENCIES WITH LARGER CASELOADS AND BIGGER BUDGETS TEND TO HAVE HIGHER GUILTY PLEA RATES. THE STUDY ALSO POINTS TO POSSIBLE EXPLANATIONS FOR THE FACT THAT MOST INDIGENT DEFENSE CLIENTS CHOOSE A GUILTY PLEA DISPOSITION OVER A TRIAL. SUPPORTING DATA AND DETAILS OF METHODOLOGY ARE INCLUDED. (LKM)