Poster #211 - The Impact of Attorney Type on Case Resolution

• In Event: ASC Poster Session I

Abstract

Purpose: A majority of defendants rely on public defenders to represent them in criminal proceedings. Public defenders are, therefore, often faced with heavier caseloads and fewer resources than private attorneys. This study aimed to investigate if attorney type, public defender or private attorney, impacts case outcomes. We predicted that public defenders would plead out cases more often, take fewer cases to trial, and have fewer cases dismissed compared to private attorneys. Methodology: Public defenders (n = 331) and private attorneys (n = 95) were asked to estimate the percentage of their cases that go to trial, are dismissed, or result in a plea deal. Findings: Plea deals were a significantly more common case outcome with public defenders than private attorneys (p = .016). Private attorneys were significantly more likely to dismiss a case than public defenders (p = .027). There was no significant difference in how often cases went to trial by attorney types. Conclusions: Quality of defense may inadvertently vary depending on the type of attorney. Future research should investigate potential mediating factors such as defendant demographics and case severity.

Authors

• Grace Vizaniaris, George Mason University

• Mary Catlin, George Mason University

• Allison Redlich, George Mason University