NCJ Number
1702
Date Published
1970
Length
163 pages
Annotation
COMPARISON OF THE DISPOSITION OF CASES HANDLED BY DIFFERENT TYPES OF DEFENSE ATTORNEYS.
Abstract
INCREASED RECOGNITION OF THE NEED FOR ASSIGNING COUNSEL TO INDIGENT DEFENDANTS HAS RAISED QUESTIONS ABOUT THE BEST AVAILABLE METHODS OF AFFORDING SUCH REPRESENTATION. THIS STUDY COMPARES THE DISPOSITION OF CASES HANDLED BY DIFFERENT TYPES OF DEFENSE ATTORNEYS, IN PARTICULAR BETWEEN PUBLIC DEFENDERS AND PRIVATE ATTORNEYS, USING OVER 27,000 CRIMINAL CASES PROCESSED IN THE SUPERIOR COURT OF LOS ANGELES COUNTY (CALIFORNIA) DURING 1968. THE STATISTICAL DATA ARE ORGANIZED AROUND THREE FACTORS - THE RECIPIENT OF PUBLIC DEFENDER SERVICES, METHOD OF DISPOSITION, AND TYPE OF SENTENCE. THE INITIAL CHAPTER FOCUSES ON THE HISTORY OF THE METHODS OF INDIGENT REPRESENTATION AND OPINIONS UPON THE VALUE OF THE PUBLIC DEFENDER, AND DISCUSSES NUMEROUS JUDICIAL DECISIONS. FOLLOWING SECTIONS DESCRIBE THE METHODOLOGY AND PROVIDE THE RESULTS OF A STATISTICAL COMPARISON OF PUBLIC DEFENDERS AND PRIVATE ATTORNEYS BASED ON EIGHTEEN DEMOGRAPHIC VARIABLES. IN ADDITION, BY USING AN ORDINAL WEIGHTING SCALE AS A MEASURE OF EFFECTIVENESS FOR SENTENCES, THE SENTENCES OF PUBLIC DEFENDER CASES ARE COMPARED WITH THOSE OF PRIVATE ATTORNEYS. APPENDED MATERIAL INCLUDES STATISTICAL TABLES. THIS STUDY REVEALS THAT SIMILAR CASES ARGUED BY EITHER PUBLIC OR PRIVATE DEFENDERS RESULT IN SIMILAR SENTENCES AFTER CONVICTION. THUS, WHEN MAJOR DEMOGRAPHIC CHARACTERISTICS SUCH AS OFFENSE AND PRIOR CONVICTIONS ARE HELD CONSTANT ACROSS DEFENSE ATTORNEY CATEGORIES, THERE ARE ONLY MARGINAL DIFFERENCES IN THE ACTUAL DISPOSITIONS. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)