Private counsels and public defenders: A look at weak cases, prior records, and leniency in plea bargaining

Champion, Dean J.

doi:10.1016/0047-2352(89)90031-7

Cited by 35 publications

(37 citation statements)

References 17 publications

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“…This is in conflict with the perception that private attorneys are able to best help their clients (Champion, 1989). However these findings may be explained by the heavy caseloads of indigent defense counsel.…”

Section: Discussionmentioning

confidence: 86%

Assessing the Influence of Familial Paternalism on Child Neglect Sentencing Decisions

Pierce

Freiburger

2011

Am J Crim Just

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Familial responsibilities have been found to significantly reduce the severity of sentencing outcomes of defendants in the criminal court. Additional research also has suggested that this leniency might be contingent on the type of offense, with defendants who commit crimes which imply that they are unfit parents (e.g., drug offenses) not receiving a significant reduction in their likelihood of incarceration. Utilizing familial paternalism as the theoretical basis, the current study examines whether having children influences the sentences of defendants charged with forms of criminal child neglect. The findings indicate that having children does result in significantly reduced odds of incarceration for defendants charged with child neglect. These findings support the arguments set forth by familial paternalism. However, they do not support the inference that defendants convicted of child neglect are presumed to be unfit parents. Implication of these results and directions for future research are discussed.

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Section: Discussionmentioning

confidence: 86%

Assessing the Influence of Familial Paternalism on Child Neglect Sentencing Decisions

Pierce

Freiburger

2011

Am J Crim Just

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“…This is supported in research by Taylor et al (1973), Champion (1989), and Anderson and Heaton (2012), who all found that defendants with public defenders were more likely to plead guilty.…”

Section: Introductionmentioning

confidence: 57%

“…Because cooperation is key within the workgroup, public de-fenders are able to negotiate favorable outcomes for their clients and in a faster amount of time (Champion, 1989;Skolnick, 1967;Taylor et al, 1973). Stover and Eckhart (1975) state that public defenders and retained counsel have similar outcomes with regard to conviction odds.…”

Section: Explanations For Differencesmentioning

confidence: 99%

“…Also, much of the previous research on the issue is quite dated; few of the studies listed were conducted after the year 2000. Also, a number of the studies are not adequately controlled (Silverstein, 1965;Gitelman, 1971;Nagel, 1973;Champion, 1989), so these studies should be viewed with caution. The present study seeks to build upon recent research (specifically, Williams, 2002;and Hartley, Miller, & Spohn, 2010) with an assessment of the effectiveness of public defenders in the state of Florida.…”

Section: Explanations For Differencesmentioning

confidence: 99%

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The effectiveness of public defenders in four Florida counties

Williams

2013

Journal of Criminal Justice

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The present study utilizes data from the Bureau of Justice Statistics to examine the effectiveness of public defenders in Florida to assess whether the case outcomes of defendants with public defenders are similar to the case outcomes of defendants with retained attorneys, controlling for legally-relevant variables. Methods: The present study utilizes both logistic and OLS regression analysis to examine differences between attorneys for seven different case outcomes. Results: Results indicate that defendants with public defenders are more likely to be detained pretrial, more likely to be convicted, and less likely to have their cases dismissed. The results dispute previous research which found few, if any, differences between public defenders and retained counsel. Conclusion: Results suggest that, at least in the counties examined, defendants with public defenders suffer from a lack of quality counsel.

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“…In fact, the study of the police has become a small sociological industry in itself. There have also been studies of prosecutors and their screening decisions (see, e.g., Myers and Hagan, 1979;Stanko, 1981-82); defense attorneys and how they conduct their clients' cases (see, e.g., Sudnow, 1965;Blumberg, 1967;Rosenthal, 1974;Champion, 1989); and the process of plea bargaining (see, e.g., Newman, 1956;Buckle and Buckle, 1977;Mather, 1979;Maynard, 1984). There have been studies of courtrooms (see, e.g., Mileski, 1971;Feeley, 1979), of juries (see, e.g., Simon, 1980), and of sentencing decisions (see, e.g., Bowers and Pierce, 1980;LaFree, 1980;Myers and Talarico, 1986).…”

Section: The Research Traditionmentioning

confidence: 99%

The sociology of law in the United States

Baumgartner

2001

Am Soc

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Private counsels and public defenders: A look at weak cases, prior records, and leniency in plea bargaining

Cited by 35 publications

References 17 publications

Assessing the Influence of Familial Paternalism on Child Neglect Sentencing Decisions

Assessing the Influence of Familial Paternalism on Child Neglect Sentencing Decisions

The effectiveness of public defenders in four Florida counties

The sociology of law in the United States

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