Knowing Defense

27 Pages Posted: 15 Apr 2017  

Janet Moore

University of Cincinnati College of Law

Andrew L. B. Davies

Government of the State of New York - New York State Office of Indigent Legal Services

Date Written: April 10, 2017

Abstract

The field of empirical research on public defense is in an early stage of development. Yet the field is also diverse, as a growing community of researchers applies training in disciplines ranging from law and criminology to economics and social psychology. These facts invite reflection on baseline questions about the field that may inform future work. For example, what factors shape our research agendas? What data, methods, and theories are in play? Do these new research agendas align with the research priorities of public defenders and the communities they serve? Should they do so? To begin exploring such questions, this pilot study asked public defense providers for their views on the top-priority issues that empirical research should investigate in order to improve public defense. The study engaged 71 Mississippi defenders in a modified group-level assessment (GLA), which is a qualitative, participatory method of social science inquiry. Study goals included facilitating defender identification of empirical research priorities, comparing defender perspectives based on role and experience level, and assessing GLA’s utility in this new setting.

The modified GLA was productive. With little variation across provider role or experience level, defenders prioritized four main research topics: formation of positive attorney-client relationships, optimizing outcomes for clients, the prevalence and impact of resource disparities between defense and law enforcement, and systemic problems in areas that affect public defense such as policing, prosecution, the judiciary, and corrections. Project background, methodology, preliminary results, and limitations are discussed.

Keywords: Public Defense, Public Defenders, Indigent Defense, Empirical Research,Mississippi Defenders, Group-Level Assessment

JEL Classification: K14, K41

Suggested Citation

Moore, Janet and Davies, Andrew L. B., Knowing Defense (April 10, 2017). 14 Ohio State Journal of Criminal Law 345 (2017). Available at SSRN: https://ssrn.com/abstract=2952108

Janet Moore (Contact Author)

University of Cincinnati College of Law ( email )

Post Office Box 210040
Cincinnati, OH 45221-0040
United States
513-556-0126 (Phone)
513-556-1236 (Fax)

Andrew L. B. Davies

Government of the State of New York - New York State Office of Indigent Legal Services ( email )

80 S. Swan Street
Alfred E. Smith Bldg. Suite 1147
Albany, NY 12210
United States

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