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Do you get what you pay for? Type of counsel and its effect on criminal court outcomes

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  • Hartley, Richard D.
  • Miller, Holly Ventura
  • Spohn, Cassia

Abstract

Although the Sixth Amendment of the constitution guarantees assistance of counsel to indigent criminal defendants, questions exist about the quality of this representation. Critics assert that 'you get what you pay for' and that public defenders are less effective than privately retained counsel regarding criminal justice outcomes. Some research, however, reveals that public defenders are as effective as privately retained counsel because of their working relationships with prosecutors and judges, the so-called courtroom workgroup. The current study tested the assertion that 'you get what you pay for' by examining the effect of type of counsel (public defenders versus private attorneys) on four different case processing outcomes for a large mid-western jurisdiction. Results generally show that type of counsel has no significant direct effect. Tests for interaction, however, suggest that for some defendants, type of counsel interacts with other key variables to influence certain outcomes.

Suggested Citation

  • 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.
    • Handle: RePEc:eee:jcjust:v:38:y::i:5:p:1063-1070
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    1. 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.
    2. Darrell Steffensmeier & Mark Motivans, 2000. "Older Men and Older Women in the Arms of Criminal Law," Journals of Gerontology: Series B, Gerontological Society of America, vol. 55(3), pages 141-151.
    3. Weitzer, Ronald, 1996. "Racial discrimination in the criminal justice system: Findings and problems in the literature," Journal of Criminal Justice, Elsevier, vol. 24(4), pages 309-322.
    4. Heckman, James J, 1974. "Shadow Prices, Market Wages, and Labor Supply," Econometrica, Econometric Society, vol. 42(4), pages 679-694, July.
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    1. Williams, Marian R., 2013. "The effectiveness of public defenders in four Florida counties," Journal of Criminal Justice, Elsevier, vol. 41(4), pages 205-212.
    2. 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).

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