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Notable Recent Publications - August, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu .  Articles   Matthew Clair and Alix S. Winter, The collateral consequences of criminal legal association during jury selection , Law and Society Review.   "How does a potential juror’s association with the criminal legal system matter during jury selection? ...We draw on interviews with 103 lawyers and judges in a Northeastern state to examine how court officials think about juror bias in relation to criminal legal association beyond felon status. We find that court officials often seek to remove people perceived to be offenders with lower-level forms of system association as well as people perceived to be crime victims. These exclusionary efforts extend to also exclude perceived offenders’ and victims’ social networks. T
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Notable Recent Publications - July, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu . Articles Kevin Dahaghi Uneven Access to Justice: Social Context and Eligibility for the Right to Counsel . Social Problems. The right to counsel is a cornerstone of due process. This article explores the legal construction of “indigency” in criminal county courts. I examine Texas’s Fair Defense Act (2001), a policy mandate that required all 254 counties to create formal criteria used for determining eligibility for access to counsel, as an empirical case for understanding local policy choices that shape access to justice. Drawing on novel data from court plans, I find significant variation in the stringency of eligibility criteria used to determine indigency. Results show that socioeconomic conditions, racial

Notable Recent Publications - June 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu . Articles Madhuri Sharma, Lisa Stolzenberg, Stewart J.D'Alessio, Evaluating the cumulative impact of indigent defense attorneys on criminal justice outcomes . Journal of Criminal Justice. This study utilizes meta-analysis to synthesize estimates of the impact of public defenders and assigned counsel on the severity of imposed legal sanction at several decision points... While public defenders and assigned counsel have some notable effects on specific court outcomes such as pretrial detention and sentencing, the meta-analysis results show that they are just as successful overall as private attorneys in representing their clients' interests. The defendant's indigent status most likely explains why the clients

Notable Recent Publications - May, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu . Articles Kimberly M. Davidson , Brian J. Ostrom & Matthew Kleiman, Client Perspectives of Holistic Defense: Strengthening Procedural Justice through Enhanced Client Trust . Justice System Journal. ...We examine public defense from the client perspective through in-depth interviews (n = 36) coded deductively, comparing the experiences of clients of holistic defense (n = 20) with those of traditional public defense (n = 16). We find that distrust and cynicism are pervasive in both client samples, but the holistic defense model provides tangible ways to build trust with clients, bolster perceptions of procedural justice, enhance legal and extra-legal client outcomes, and increase client satisfaction... We demo

Notable Recent Publications - April, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu . Books Felice Batlan and Marianne Vasara-Aaltonen (eds.) Histories of Legal Aid: A Comparative and International Perspective . (Palgrave-Macmillan). [From the website:] "This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, wa

Notable Recent Publications - March, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu . Books  Catherine Young and Wendy Packman , The Wounded Attorney: How Psychological Disorders Impact Attorneys . Rowman & Littlefield.  [From the publisher's website:] "In The Wounded Attorney, Catherine Young and Wendy Packman provide keen insight and commentary into how psychological disorders manifest in attorneys. Attorneys experience an alarming rate of mental health challenges, yet mental health and substance abuse issues often go unnoticed by colleagues and are unacknowledged by attorneys themselves. As both attorneys and psychologists, the uniquely qualified Young and Packman explore how mental health issues appear in the legal profession. The authors urge for an overhaul of the current framework o

Notable Recent Publications - February, 2022

Notable Recent Publications features the latest empirical research and data related to indigent defense. Should you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please write to albdavies@smu.edu Journal Articles Nicole Gonzalez van Cleve, Due Process & the Theater of Racial Degradation: The Evolving Notion of Pretrial Punishment in the Criminal Courts Daedelus , 151(1), Winter, 2022, 135-152. Most theorists assume that the criminal courts are neutral arbiters of justice, protected by the Constitution, the rule of law, and court records. This essay challenges those assumptions and examines the courts as a place of punitive excess and the normalization of racial abuse and punishment. The essay explains the historic origins of these trends and examines how the categories of “hardened” and “marginal” defendants began to assume racialized meanings with the emergence of mass incarceration.