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IMPROVING DEFENDER-CLIENT RELATIONS

NCJ Number
43593
Journal
NLADA (NATIONAL LEGAL AID AND DEFENDER ASSOCIATION) BRIEFCASE Volume: 34 Issue: 4 Dated: (AUGUST 1977) Pages: 114-116,126-131
Author(s)
Date Published
1977
Length
9 pages
Annotation

FACTORS RELATED TO THE TENDENCY OF DEFENDANTS TO DISTRUST PUBLIC DEFENDERS ARE EXPLORED IN AN ANALYSIS OF DATA OBTAINED IN 812 POSTARREST AND 628 POSTDISPOSITION INTERVIEWS WITH MEN CHARGED WITH FELONIES.

Abstract

THE INTERVIEW, WHICH TOOK PLACE IN PHOENIX, BALTIMORE, AND DETROIT, DEALT WITH MANY SUBJECTS OTHER THAN ATTITUDES TOWARD ATTORNEYS. THE DATA SUGGEST THAT DEFENDANTS ARE MUCH MORE DISTRUSTFUL OF PUBLIC DEFENDERS THAN THEY ARE OF PRIVATE LAWYERS. AMONG THE FACTORS CONTRIBUTING TO THIS PREDISPOSITION ARE PAST EXPERIENCE WITH ATTORNEYS, DISCUSSIONS WITH OTHER DEFENDANTS, AND GENERAL SOCIALIZATION (SCHOOLBOOKS, MOVIES, TELEVISION, ETC.). IN A SENSE, DEFENDANTS REFLECT A GENERAL NORM OF AMERICAN SOCIETY IN THEIR PERCEPTIONS OF THE RELATIVE DESIRABILITY OF PUBLIC VERSUS PRIVATE REPRESENTATION. DATA FROM THE POSTDISPOSITION INTERVIEWS SUGGEST THAT THE SEVERITY OF THE SENTENCE RECEIVED AND THE MODE OF DISPOSITION ARE BOTH RELATED TO THE EXTENT TO WHICH CLIENTS FAVORABLY EVALUATE THEIR ATTORNEYS. AMONG CLIENTS WHO ARE CONVICTED, THOSE WHO HAVE TRIALS TEND TO BE MORE SATISFIED WITH THEIR ATTORNEYS THAN THOSE WHOSE ATTORNEYS HAVE PLEA-BARGAINED. PRIVATE LAWYERS TEND TO RECEIVE MORE FAVORABLE EVALUATIONS THAN DO PUBLIC DEFENDERS, ALTHOUGH THIS DIFFERENCE IS DIMINISHED WHEN THE DATA ARE CONTROLLED FOR THE AMOUNT OF TIME SPENT BY THE ATTORNEY WITH THE CLIENT. IMPLICATIONS OF THE FINDINGS FOR IMPROVING PUBLIC DEFENDER-CLIENT RELATIONS ARE DISCUSSED. SUPPORTING TABULAR DATA ARE INCLUDED.

Date Published: January 1, 1977