The Influence of Type of Defense Counsel on Prosecutorial and Judicial Decision Making in Domestic Violence Cases

Abstract

This study examines the influence of the type of defense counsel on prosecutorial and judicial decisions in domestic violence cases. We found that the type of defense counsel mattered more in sentencing compared with previous decision points. Cases handled by private attorneys were less likely to experience charge reductions at screening and be dismissed. However, decision patterns are reversed postarraignment, where charges start to decrease at a higher rate for cases represented by private counsel. Defendants represented by private lawyers were less likely to plead guilty, but they were also markedly less likely to face incarceration.

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