NCJ Number
47208
Journal
American Journal of Criminal Law Volume: 5 Issue: 3 Dated: (OCTOBER 1977) Pages: 283-313
Date Published
1977
Length
30 pages
Annotation
DEFENDANTS' EXPECTATIONS OF AND ATTITUDES TOWARD DEFENSE ATTORNEYS ARE EXAMINED IN A STUDY BASED ON INTERVIEWS WITH INMATES AT THE ERIE COUNTY PENITENTIARY NEAR ALDEN, NEW YORK.
Abstract
OF 21 'LAWYERING VALUES,' THE INMATES PLACED THE MOST IMPORTANCE ON THOSE BEARING DIRECTLY ON THE DEFENSE. 'TALKING UP IN COURT' WAS CONSIDERED MOST IMPORTANT. ALSO VALUED WERE THE LAWYER'S KNOWLEDGE OF THE LAW AND OF ADMINISTRATIVE PROCESSES, ABILITY TO PREPARE A CASE, AND WILLINGNESS TO COMMUNICATE WITH THE DEFENDANT. GENERALLY, THE INMATES THOUGHT MORE OF RETAINED COUNSEL THAN OF ASSIGNED COUNSEL AND PUBLIC DEFENDERS, PARTICULARLY WITH REGARD TO THE PURELY LEGAL ASPECTS OF THE CLIENT-ATTORNEY RELATIONSHIP. THE INMATES FELT THAT RETAINED COUNSEL KNOW MORE ABOUT CRIMINAL LAW THAN PUBLIC DEFENDERS OR ASSIGNED COUNSEL. RETAINED COUNSEL ALSO RECEIVED SUPERIOR RATINGS IN THEIR PERSONAL RELATIONSHIPS WITH CLIENTS. ASSIGNED COUNSEL GENERALLY WERE RATED HIGHER THAN PUBLIC DEFENDERS. OTHER FINDINGS SUGGEST THAT THE ATTORNEY'S ACTUAL PERFORMANCE MAY HAVE LITTLE IMPACT ON THE DEFENDANT'S BELIEF REGARDING THE ADEQUACY OF HIS REPRESENTATION. RATHER, THE DEFENDANT BELIEVES THAT THE ATTORNEY WOULD HAVE PERFORMED BETTER IF PAID MORE. THIS BELIEF APPEARS TO BE BASED MORE ON CULTURAL FACTORS THAN ON THE DEFENDANT'S EXPERIENCE. IMPLICATIONS OF THE FINDINGS FOR IMPROVING PUBLIC DEFENDER SERVICES ARE DISCUSSED. ONE SUGGESTION IS THAT THE GENERAL PUBLIC BE MADE MORE AWARE OF THE ACTUAL FUNCTIONS OF LAWYERS. (LKM)