SYSTEMATIC COMPARISON OF PUBLIC DEFENDERS AND PRIVATE ATTORNEYS

• NCJ Number: 30880
• Journal: American Journal of Criminal Law Volume: 3 Issue: 3 Dated: (WINTER 1975) Pages: 265-300
• Author(s): R V STOVER; D R ECKART
• Date Published: 1975
• Length: 36 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

PROCESS AND OUTCOME VARIABLES ARE USED TO COMPARE THE TWO GROUPS IN AN UNDESIGNATED CITY AND INDICATE THAT THE QUALITY OF CRIMINAL DEFENSE IS SIMILAR.

Abstract

INITIALLY, THE STUDY FOCUSES ON PATTERNS OF THOUGHT AND BEHAVIOR COMMONLY BELIEVED FOR CRIMINAL DEFENDANTS. THIS ANALYSIS IS BASED PRIMARILY BUT NOT ENTIRELY ON EVIDENCE GATHERED THROUGH INTERVIEWING AND OBSERVING PRIVATE AND PUBLIC CRIMINAL LAWYERS. IT THEN USES DATA ON FELONY CASES COLLECTED OVER A SIX-MONTH PERIOD TO FOCUS ON OUTCOMES IN TERMS OF THE CONVICTION AND SENTENCING RECORDS FOR THE TWO TYPES OF DEFENSE ATTORNEYS. THE INVESTIGATION OF ADHERENCE TO THE NORM OF ADVOCACY, USE OF FACT INVESTIGATION, CONCENTRATION OF PRACTICE IN ASSOCIATIONS AND TIME, AND EXPERIENCE, PRODUCED LITTLE EVIDENCE OF SUPERIORITY IN EITHER GROUP OF ATTORNEYS. THE ANALYSIS OF THREE IMPORTANT OUTCOME VARIABLES CONCLUDED THAT ATTORNEY TYPE HAD LITTLE IMPORTANT EFFECT ON SEVERITY OF CONVICTION, TYPE OF PUNISHMENT, OR PROBABLE LENGTH OF INCARCERATION. (AUTHOR ABSTRACT)