Perceived Effectiveness of Parent Representation Social Workers by Legal Professionals Involved with Indigent Defendants

The total number of children in the U.S. foster care system exceeds 428,000. Previous research indicates that when social workers and legal professionals work together, children and their families benefit significantly. Parents who effectively engage in the child welfare system are more likely to benefit from services and reunify with their children. The present study employed a phenomenological approach to explore how a parent representation pilot, which paired social workers with public defenders to better represent the needs of families in the child welfare system, was experienced by legal professionals. Judges and family court attorneys (n = 9) found the program to be helpful in reunifying families. Public defenders were able to leverage the social worker’s skills and experience to facilitate more positive outcomes, while reducing case burden. Challenges were also identified and included a lack of interdisciplinary training, potential overlap in ethical responsibilities, and role confusion. Structured intervention programs that encourage collaboration between social workers and legal professionals may improve case outcomes for indigent families involved in the child welfare system. It is advised that social work undertake a formal multidisciplinary approach in support of public defenders, which may serve to encourage positive case outcomes.

Pre-trial detention and legal defence in Latin America

Pre-trial detention is used extensively in Latin America as a systematic practice implemented by courts. Despite this fact, few empirical studies have analysed the role of defence attorneys in pre-trial incarceration. 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.

Life after Domestic Homicide: Examining the Psychosocial Implications on Children-Survivor

Although the problem of domestic violence has received considerable attention, the study of domestic homicide is relatively recent and limited to precipitating conditions or the act itself. Most of the literature on familicide focuses on the personality characteristics of the victim and perpetrator or tries to answer the question, “How did the death happen?” Little notice, however, has been given to the children of the victim and offender who, in the midst of their loss and extreme suffering, inherit the fallout from the death of one parent, and incarceration of the other. The study therefore explored the psychosocial implications of parental absence on account of death and incarceration on surviving children. Qualitative data were obtained from 18 convicted and awaiting trial inmates for spousal homicide in three selected prisons in Lagos state, key informant interviews (KII) with four officials of Office of Public Defenders (OPD), three officials of Directorate of Public Prosecutions (DPP) and two child psychologists. Surviving children of domestic homicide suffer massive upheaval, psychiatric disturbance, ill health, financial difficulties, ostracism, scars from witnessing the domestic violence that preceded the murder and the propensity for future intrafamilial violence. The study concludes that direct and indirect exposure to domestic violence and homicide is negatively associated with children’s emotional, behavioural and developmental well-being. Hence, welfare of such children which should include therapy, relief of suffering, resolution of trauma symptoms, provision of supportive environment and clarification of cognitive or emotional distortions about the homicide should be incorporated in the prosecution process by relevant agencies.

Gaining Access to Justice: A Subnational Study of the Public Defender’s Office in Mexico

With the transition to democracy, Latin American countries have embarked on implementing judicial reforms to redesign justice-sector institutions and build up the rule of law in the region. Reform efforts included empowe¬ring the courts, granting political independence to the public prosecutor’s office, professionalizing the public defender offices and implementing the accusatory criminal system in justice-sector institutions. To what extent are the reforms tar¬geted at the public defender offices changing the way legal defense is provided? In this article, after discussing a theoretical framework that captures and opera¬tionalizes the concepts of a merit-based career system, an accusatory criminal justice system and effective legal representation, I examine the extent to which the changes of transitioning from an inquisitorial to an adversarial system and from a non-merit-based career system to a merit-based career system have affec¬ted the way legal counsel is provided at subnational public defender offices. To accomplish this, I provide both a de jure and de facto measures (indicators of reform implementation). To identify the de jure indicators, I consulted legal texts (constitutions and secondary laws), and to gauge how the de facto indi¬cators work, I relied on interviews with public defenders, reports and academic documents. I collected 50 interviews with public defense attorneys from three Mexican states: Baja California Sur, Jalisco and Nuevo León. Findings from these states suggest that as reform implementation advances, public defenders have more tools to offer legal representation; more specifically, they are better trained, in addition to having higher salaries, a lower caseload per defender and increased access to forensic services.

Debundling accountability: prosecutor and public defender elections in Florida

I explore the impact of public defender and prosecutor elections using caseload data from Florida. While most states within the US use popular elections to select and retain prosecutors, public defenders are typically appointed positions. Florida is novel in that for both positions, popular, partisan elections are used to select the office’s leader. I first document important distortions in pre-trial case handling. A public defender re-election is associated with an increase in the proportion of cases resolved via plea bargaining, while prosecutor re-elections are associated with less plea bargaining. At the trial phase, I present evidence that public defender re-elections are associated with a decrease in the proportion of jury trials that result in a conviction, while a prosecutor re-election coincides with an increase in the conviction rate. The results are consistent with voters holding both elected officials accountable for doing their job. Public defenders obtain plea bargains at a higher rate and secure acquittals for their clients when up for re-election. Prosecutors do not plea bargain as much and win at trial when up for re-election.