Type of counsel and the outcome of criminal appeals: A research note

Williams, Jimmy J.

doi:10.1007/bf02885919

Cited by 3 publications

(2 citation statements)

References 13 publications

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“…While it is often assumed that a privately retained lawyer may have greater success than public defenders, given their increased resources and incentives (Chapper & Hanson, 1989;King & Heise, 2019), only one study in New York City provides support for this contention (Wasserman, 1990). Other studies in the United States have found no significant differences between the type of counsel and appeal outcome (Buller, 2015;King & Heise, 2019;Williams, 1995b), while Heise et al (2017) found that publicly funded defense lawyers consistently achieved more favorable results on appeal than private defense lawyers.…”

Section: Factors Influencing Appeal Outcomesmentioning

confidence: 99%

Identifying a “Miscarriage of Justice”: Factors Influencing a Successful Appeal Against a Guilty Plea Conviction in Australia

Nash

Dioso-Villa

Porter

2023

Criminal Justice Policy Review

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While the difficulties in appealing a guilty plea conviction are widely acknowledged, little research has investigated how appellate courts handle guilty plea convictions. This study addresses this gap by examining Australian appellate court judgments in which a guilty plea conviction was contested, comparing successful appeals where a guilty plea conviction was overturned ( n = 193) against unsuccessful appeals where a guilty plea conviction remained ( n = 375). Hierarchical multiple logistic regression analysis revealed that, independent of other case characteristics, legal representation on appeal and support from legal actors significantly predicted a successful appeal, while significant predictors of an unsuccessful appeal included male defendants, defendants who received a term of imprisonment, and those who argued they were pressured to plead guilty. The findings highlight the significant influence of legal and extra-legal factors on appellate decision-making beyond the grounds of appeal raised by the defendant, raising important policy implications for the post-conviction process.

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Section: Factors Influencing Appeal Outcomesmentioning

confidence: 99%

Identifying a “Miscarriage of Justice”: Factors Influencing a Successful Appeal Against a Guilty Plea Conviction in Australia

Nash

Dioso-Villa

Porter

2023

Criminal Justice Policy Review

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“…Scholars have used legal empirical methods to better understand criminal court processes. While most of the empirical literature on criminal courts that is grounded in legal empiricism has focused attention on lower (trial and pretrial) court decision making (partial list: Cauffman et al, 2007; Crow & Gertz, 2008; Fishel, Gabbidon, & Hummer, 2007; Franklin & Fearn, 2008; Gabbidon, Marzette, & Peterson, 2007; Johnson, Ulmer, & Kramer, 2008; Sevigny, 2009; Williams, Demuth, & Holcomb, 2007), there has also been some published literature on appellate decision making (Chilton & Woods, 2006; Emmert, 1991; Gabbidon, Kowal, Jordan, Roberts, & Vincenzi, 2008; Lanier & Miller, 2000; Neubauer, 1985, 1991, 1992; Phillips & Grattet, 2000; Radelet & Vandiver, 1983; Segal, 1984; Smith, 2003; Williams, 1991, 1994, 1995a, 1995b). The scant empirical attention to understanding appellate court processing of criminal justice cases is quite problematic.…”

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confidence: 99%

U.S. Supreme Court Decisions in Fourth Amendment Cases (1961–2009)

Buckler¹,

Davila²,

Wilson³

2011

Criminal Justice Review

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This study explores the capacity of several different theoretical perspectives to account for variation in U.S. Supreme Court Fourth Amendment decisions (whether the case outcome favored the government or the individual). The study developed measures of Richardson and Vines and Crow and Gertz commentary on legal subculture and democratic subculture concerns of the judiciary as well as negotiation/synthesis of these concerns. The study also developed and tested measures of the resource capability thesis of Galanter and the recent work of George applying social background theory to the behavior of U.S. Supreme Court justices. The findings reveal support for each of these theoretical perspectives. Implications are discussed.

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