Right to Counsel? An Evaluation of the St. Louis County First Appearance Program

• In Event: Exploring Prosecutorial Discretion and the Role of Counsel in the Plea Bargaining Process

Abstract

Objective: The 6th Amendment guarantees the right to counsel, but many jurisdictions do not provide counsel to indigent defendants during the pretrial stages of the criminal legal process. Lack of counsel disadvantages individuals at the initial phases of court process, including the central bail decision. The current study is an evaluation of the Initial Appearance Pilot Program (IAPP) in St. Louis County, Missouri. The purpose of the IAPP is to provide counsel at the time of first appearance, and began in 2019 with funding from the MacArthur Safety and Justice Challenge.

Data/Methods: In this study, we employ a mixed-methods design to evaluate the impact of the IAPP in St. Louis County, Missouri. Quantitatively, we assess pre and post-program outcomes for key dependent variables, such as release decision (yes/no), bail amount, and time spent in jail. Additionally, we conducted semi-structured in-depth interviews with the attorneys and judges on the IAPP court docket.

Results & Conclusions/Implications: Preliminarily, several themes have emerged surrounding the courtroom workgroup’s perceptions of the IAPP and the advantages and disadvantages that IAPP holds for St. Louis courts and defendants. These findings are discussed in light of their implications for the future of pretrial programs and the policy implications that follow.

Authors

• Lauren Morgan, University of Missouri - St. Louis

• Faraneh Shamserad, University of Missouri - St. Louis

• Beth Huebner, University of Missouri - St. Louis