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Notable Recent Publications - March 2021

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


Mally Shechory Bitton & Anat Mashiach, "From Their Angle: A Look at the Emotional World of Defense Attorneys Who Represent Sex Offenders." International Journal of Offender Therapy and Comparative Criminology.
"Fifteen defense attorneys working for the Public Defender’s Office in Israel were interviewed using a semi-structured interview. The findings indicated two major issues related to defense attorney perception of their work: (1) the distinctiveness of representing sex offenders due to their unique characteristics and (2) the emotional impact of working with sex offenders."

Gustavo Fondevila and Miguel Quintana-Navarrete, Pre-trial detention and legal defence in Latin America, International Journal of Law in Context.
"This paper attempts to describe the actions taken by lawyers in order to free their clients during the judicial process, using new empirical evidence collected from the incarcerated population in Argentina, Brazil, El Salvador, Chile, Mexico and Peru. Results suggest that public defenders request conditional release less frequently but do so more effectively than their private counterparts."

Alexis Hoag, Black on Black Representation, New York University Law Review, vol. 96.
"To explore how same-race representation functions in practice, this Article also relies on qualitative interviews with Black public defenders regarding communication and trust; factors that the American Bar Association identifies as integral to criminal defense. Together, these approaches highlight how expanding choice to indigent defendants might impact Black defendants, something that past choice of counsel literature does not examine."
Michael L. Perlin,“Pistol Shots Ring Out in the Barroom Night”: Bob Dylan’s “Hurricane” as a Course (or Exam) in Criminal Procedure, American Journal of Criminal Law.
"In this paper, first, I briefly discuss the song, and the significance of its live performances in the 1970s.... I consider all the criminal procedure issues raised by the song, in a section in which I look at (1) “the law,” (2) Dylan’s characterization of the issues in question, and (3) as best as I can, the “inside baseball” on what actually happened (drawing on reported cases, transcript excerpts and other scholarship). Following this, I discuss the cases briefly in the context of the legal school of thought known as therapeutic jurisprudence."


Bailey, M. Empirical Research on the Effectiveness of Indigent Defense Delivery Systems. UNC School of Government, Criminal Justice Innovation Lab 
[From the introduction:] "In this paper, I summarize seven empirical studies of the effectiveness of different types of indigent defense delivery systems. These analyses compare case outcomes, collectively suggesting that appointed counsel achieve less favorable outcomes for indigent defendants, and discuss some explanatory factors for gaps in attorney performance across the different delivery systems. A summary table of each study’s findings is provided at the end of the document."