NCJ Number
61126
Date Published
1979
Length
231 pages
Annotation
USING DATA FROM THE MONTANA CRIMINAL COURTS, THIS DISSERTATION EXAMINES THE AFFECTS OF DIFFERENT TYPES OF DEFENSE COUNSEL ON DEFENDANTS' DISPOSITIONS AND SENTENCES.
Abstract
THE STUDY ATTEMPTED TO DETERMINE IF DEFENDANTS REPRESENTED BY APPOINTED COUNSEL SUFFERED ANY DISADVANTAGES COMPARED TO THOSE PERSONS ABLE TO RETAIN A PRIVATE DEFENSE LAWYER. A SURVEY OF PREVIOUS RESEARCH SHOWED FEW DIFFERENCES BETWEEN PRIVATE ATTORNEYS AND PUBLIC DEFENDERS AND INDICATED THAT THE OUTCOME OF A CASE DEPENDED HEAVILY ON THE TYPE OF CRIME AND PRIOR RECORD OF THE DEFENDANT. NO PROJECT, HOWEVER, HAD INCLUDED DATA FROM AN ENTIRE STATE. THE CRIMINAL JUSTICE DATA CENTER OF THE MONTANA BOARD OF CRIME CONTROL PROVIDED RAW DATA ON THE DISPOSITION OF CRIMINAL CASES AS REPORTED BY CLERKS OF DISTRICT COURTS FOR THE PERIOD JULY 1974 TO JULY 1976. THE KEY INDEPENDENT VARIABLES CONSISTED OF TYPE OF OUTCOME AND SENTENCE. ADDITIONAL ELEMENTS WERE INTRODUCED FOR COMPARISONS, INCLUDING RURAL-URBAN DISTINCTIONS, TYPE OF OFFENSE, BAIL STATUS, NUMBER OF CHARGES, AND PRIOR RECORD. WHEN MORE THAN ONE CONTROL VARIABLE WAS INTRODUCED, THE MULTIPLE CLASSIFICATION ANALYSIS TECHNIQUE WAS UTILIZED. THE STUDY CONCLUDED THAT TYPE OF DEFENSE COUNSEL WAS A RELATIVELY INSIGNIFICANT FACTOR IN CRIMINAL JUSTICE IN MONTANA. REGARDLESS OF ATTORNEY TYPE, MOST CLIENTS PLEAD GUILTY TO THE CHARGES, AND THEIR SENTENCES ARE BASED ON THE CRIME COMMITTED AND BAIL STATUS, EXCEPT IN DISTRICTS FALLING IN THE MIDDLE OF THE URBAN-RURAL CONTINUUM WHERE CLIENTS OF PUBLIC COUNSEL APPEARED TO RECEIVE MORE SEVERE SENTENCES. ALTHOUGH THIS FINDING COULD BE ATTRIBUTED TO INCOMPETENT PUBLIC COUNSEL, JUDICIAL ATTITUDES, OR SAMPLING ERRORS, IT DESERVES CLOSER EXAMINATION. NUMEROUS TABLES AND FIGURES ARE USED THROUGHOUT THE TEXT. THE APPENDIX CONTAINS A SAMPLE OF THE COURT REPORTING FORM SUBMITTED TO THE CRIMINAL JUSTICE DATA CENTER AND A CODING MANUAL. A BIBLIOGRAPHY IS PROVIDED. (MJM)