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NCJRS Abstract

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NCJ Number: 152635 Find in a Library
Title: Time and Expense Analysis in Post-Conviction Death Penalty Cases
Corporate Author: American Bar Association
United States of America

Spangenberg Group, Inc
United States of America
Date Published: 1987
Page Count: 29
Sponsoring Agency: American Bar Association

Spangenberg Group, Inc
West Newton, MA 02165
Type: Survey
Format: Document
Language: English
Country: United States of America
Annotation: This survey provides baseline data to the Florida Legislature for use in reviewing a budget request that involves estimates of the amount of time attorneys in private practice have expended and the expenses incurred in providing representation in post-conviction death-penalty cases in Florida and other States.
Abstract: A questionnaire developed for the survey solicited information on the time (in hours) expended by both private attorneys and their support staff at each level of the post- conviction process. Information was also obtained on the expenses incurred by these attorneys. By the end of January 1987, 114 completed questionnaires had been received: 41 from private attorneys and law firms who had handled post-conviction death penalty cases in Florida and 73 who had handled such cases outside of Florida. Researchers believed that this sample was sufficient to generalize to all post-conviction death penalty cases. There were 96 respondents who reported they had handled a post-conviction death penalty case in their State trial court. The largest number of hours reported on a single case was 4,116; the fewest number of hours reported was 65. The median hours reported for all 96 respondents was 400 hours. This represents approximately 25 percent of a lawyer's time for a full year just for providing representation in one post-conviction death penalty case litigated only at a specific level. The median amount of expenses for both the Florida cases and the documented cases is $10,000 and $13,556, respectively, even without total figures available in all cases. This is noteworthy, since in many cases in Florida and other States, these are out-of-pocket expenses for which attorneys are not reimbursed. 9 tables and appended questionnaire
Main Term(s): Court costs
Index Term(s): Appeal procedures; Capital punishment; Cost analysis; Costs; Florida; Legal fees
Note: Prepared for the Florida Senate Appropriations Committee, House Appropriations Committee, and the Office of the Governor.
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