LEGAL DEFENSE SERVICES FOR THE INDIGENT DEFENDANT - A COMPARISON OF THE EFFECTIVENESS OF THE OFFENDER ADVOCATE AND COURT-APPOINTED COUNSEL IN THE DEFENSE OF INDIGENTS POLK COUNTY, IOWA

• NCJ Number: 15728
• Author(s): R D STEGGERDA; A L MCCUTCHEON
• Date Published: 1974
• Length: 66 pages
• Grant Number(s): 72-DF-07-0017
• Sponsoring Agency: Drake University
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Document
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

RESEARCH AND EVALUATION OF TWO SYSTEMS FOR PROVIDING COUNSEL FOR THOSE UNABLE TO PAY.

Abstract

FOLLOWING A LEGAL HISTORY OF THE PROVISION OF LEGAL SERVICES FOR THE INDIGENT OFFENDER, THE AUTHORS DISCUSS THE PROCEDURAL IMPLICATIONS OF THE LAW AND PRIOR RESEARCH FINDINGS. THE RESEARCH DESIGN FOCUSES ON A DESCRIPTION OF THE POPULATIONS SERVED BY THE DEFENSE SYSTEMS, A COMPARISON OF THE VARIOUS DEFENSE SYSTEMS ON THE BASIS OF CERTAIN PROJECT OBJECTIVES, AND AN IDENTIFICATION OF OTHER FACTORS WHICH APPEARED TO RELATE TO THE EFFECTIVENESS OF THE LEGAL DEFENSE SYSTEMS. THE EVALUATION OF THE EFFECTIVENESS OF THE COURT-ASSIGNED COUNSEL SYSTEM AND THE OFFENDER ADVOCATE PROJECT (PUBLIC DEFENDER) IS BASED UPON COMPARISONS OF THE TWO SYSTEMS WITH RESPECT TO LENGTH OF TIME BETWEEN ARREST AND ADJUDICATION, CONVICTION RATE, SENTENCE SEVERITY, AND COST. COMPREHENSIVE DATA WERE COLLECTED FOR ALL PERSONS REPRESENTED BY THE OFFENDER ADVOCATE AND BY COURT-APPOINTED COUNSEL. THE RESULTS INDICATE THAT 76 PERCENT OF ALL INDIGENT DEFENDANTS RECEIVED DEFENSE SERVICES FROM THE OFFENDER ADVOCATE AND 24 PERCENT FROM COURT-APPOINTED COUNSEL. THE OFFICE OF THE OFFENDER ADVOCATE RECEIVES A VARIETY OF CASES IN TERMS OF SERIOUSNESS OF ALLEGATIONS, WHILE ASSIGNMENT OF CASES TO COURT-APPOINTED COUNSEL OCCURS ALMOST EXCLUSIVELY FOR MORE SERIOUS CASES. CASES REPRESENTED BY THE OFFENDER ADVOCATE TOOK SIGNIFICANTLY LESS TIME THAN EITHER OF THE OTHER DEFENSE SYSTEMS. NO DIFFERENCES WERE FOUND FOR PERSONS ORIGINALLY CHARGED WITH FELONY OR INDICTABLE MISDEMEANOR OFFENSES. CONVICTED CLIENTS OF THE OFFENDER ADVOCATE AND PRIVATE COUNSEL ARE INCARCERATED IN JAIL OR PRISON AT A SIGNIFICANTLY LOWER RATE THAN CONVICTED CLIENTS OF COURT-APPOINTED COUNSEL. THE COSTS OF LEGAL REPRESENTATION WERE FAR LESS FOR THE OFFENDER ADVOCATE THAN FOR COURT-APPOINTED COUNSEL. RECOMMENDATIONS FOR DEFENSE OF INDIGENTS BEING PROVIDED BY THE OFFENDER ADVOCATE AND COMBINING THE OPERATIONS OF THE OFFENDER ADVOCATE AND THE POLK COUNTY LEGAL AID SOCIETY ARE MADE. THE APPENDIX CONTAINS EVALUATION CODESHEETS FOR THE STUDY.