Private Public Defense Private Vs. Research Paper

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" (Spohn, 2009, p. 105) However, there is a distinct advantage to having a private attorney when it comes to the sentencing aspect of the proceedings. Studies have indicated that "a higher percentage of defendants with public defenders are sent to prison." (Gaines, 2010, p. 207) There may be extenuating circumstances in this study as many who use public defenders are repeat offenders do so because they are financially destitute.

There are distinct advantages and disadvantages to using a public defender or a privately hired attorney. While public defenders are overloaded with cases, they are free and their familiarity with the system, prosecutors, and judges can work to the client's advantage.

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On the other hand the sheer numbers of cases public defenders must take on can restrict the attorneys attention to one particular case. And while private attorneys can expend more resources toward the case, they sometimes do not have the familiarity with individual prosecutors and judges that can be exploited. But the attention that a private attorney can spend on the case should not be underestimated, a private attorney is a client's "hired-gun," and must produce favorable results if they are to expand their financial success. Public defenders get paid the same no matter how many cases they win or the outcome of any particular case, so they are not.....

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