Indigent Injustice? A Systematic Review and MetaAnalysis of Defendants’ Criminal Justice-Related Outcomes.

By SE Duhart Clarke

The right to an attorney in criminal cases is a constitutional right covered under the Sixth and Fourteenth Amendments of the United States Constitution and is considered fundamental to a fair trial. Over two-thirds of criminal court defendants in the United States are unable to afford their own counsel and thus have an attorney given to them by the court (i.e., indigent defendants). Many legal scholars have debated the effectiveness of indigent defense counsel compared to privately retained counsel. However, in the absence of synthesized data on outcomes for indigent defendants, legal scholars commonly cite the pragmatic and theoretical mechanisms for publicly funded defenders’ limitations or strengths to support their arguments about the effectiveness of indigent defense counsel. When empirical evidence on outcomes for indigent defendants is used to support an argument, the research cited is often limited to studies conducted in specific jurisdictions on a specific step in court case processing. Consequently, our overall understanding of outcomes experienced by indigent defendants is limited and disjointed, underscoring the need for a systematic evaluation of the current empirical literature. The goal of the study in this dissertation was to conduct a systematic literature review and meta-analysis on outcomes for defendants with public defenders, defendants with assigned counsel, and defendants with retained attorneys to better understand what (if any) discrepancies exist in criminal justice-related outcomes as a function of indigent defense status. Specifically, this study examined the current empirical literature on pretrial outcomes, case outcomes, sentencing outcomes, and post-case outcomes for indigent defendants compared to defendants with private/retained attorneys and/or public defenders compared to assigned counsel.

 Raleigh NC: North Carolina State University, 2021.112p.