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Evaluating the cumulative impact of indigent defense attorneys on criminal justice outcomes

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  • Sharma, Madhuri
  • Stolzenberg, Lisa
  • D'Alessio, Stewart J.

Abstract

This study utilizes meta-analysis to synthesize estimates of the impact of public defenders and assigned counsel on the severity of imposed legal sanction at several decision points encountered by criminal defendants as they progress through the criminal justice system. While public defenders and assigned counsel have some notable effects on specific court outcomes such as pretrial detention and sentencing, the meta-analysis results show that they are just as successful overall as private attorneys in representing their clients' interests. The defendant's indigent status most likely explains why the clients of public defenders and assigned counsel may sometimes confront more severe sanctioning because the effects of pretrial confinement reverberate throughout the entire criminal justice system. The frequently observed deleterious consequences associated with pretrial confinement have engendered repeated calls to eliminate cash bail in determining pretrial release.

Suggested Citation

  • Sharma, Madhuri & Stolzenberg, Lisa & D'Alessio, Stewart J., 2022. "Evaluating the cumulative impact of indigent defense attorneys on criminal justice outcomes," Journal of Criminal Justice, Elsevier, vol. 81(C).
    • Handle: RePEc:eee:jcjust:v:81:y:2022:i:c:s0047235222000472
    DOI: 10.1016/j.jcrimjus.2022.101927
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    References listed on IDEAS

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    1. Will Dobbie & Jacob Goldin & Crystal S. Yang, 2018. "The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges," American Economic Review, American Economic Association, vol. 108(2), pages 201-240, February.
    2. Radha Iyengar, 2007. "An Analysis of the Performance of Federal Indigent Defense Counsel," NBER Working Papers 13187, National Bureau of Economic Research, Inc.
    3. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    4. Champion, Dean J., 1989. "Private counsels and public defenders: A look at weak cases, prior records, and leniency in plea bargaining," Journal of Criminal Justice, Elsevier, vol. 17(4), pages 253-263.
    5. Hartley, Richard D. & Miller, Holly Ventura & Spohn, Cassia, 2010. "Do you get what you pay for? Type of counsel and its effect on criminal court outcomes," Journal of Criminal Justice, Elsevier, vol. 38(5), pages 1063-1070, September.
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