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Money and Criminal Defense - A Comparative Analysis of Public Defenders, Court Appointed Counsel, and Privately Retained Attorneys in Three Jurisdictions

NCJ Number
91548
Author(s)
R Rovner-Pieczenik
Date Published
1983
Length
265 pages
Annotation
Clients' ability to pay for their own attorneys did not alter case outcomes to any significant degree in three high crime jurisdictions in which 642 indicted cases of robbery and burglary were examined.
Abstract
The cases all occurred in Washington, D.C.; Prince Georges County, Md; and Alexandria, Va. They represented three attorney subgroups: public defender, court-appointed counsel, and privately retained attorney. Statistical data and interviews revealed that determinations of guilt and the severity of the final charge did not differ significantly among the three groups. The severity of the sentence (confinement versus probation) also did not relate to the type of attorney representing the case. In two jurisdictions, however, clients of the privately retained attorney received shorter sentences. Although prosecutor policies and the court workgroup equalized justice in the three jurisdictions studied, the growing trend toward public advocacy and the declining role of private attorneys in criminal defense are causes for concern, because of perceptions that resource constraints will increasingly affect the quality of services received. Efforts to change the current trend should focus on changing the eligibility criteria for free legal services, considering the development of prepaid legal services, and other measures to restore a strong role for private attorneys in criminal cases. Also included are data tables, chapter reference notes, and appendixes presenting the study methodology and additional data.