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28 Crim. Just. Pol'y Rev. 3 (2017)

handle is hein.journals/cjpr28 and id is 1 raw text is: Article Criminal justice Policy Review 2017, Vol. 28(l) 3-17 The Effect of Attorney @2014 SAGE Publications Reprints and permissions: Type on Bail Decisions sagepub.com/journalsPermissions.nav DOI: 10.1 177/0887403414562603 journals.sagepub.com/home/cjp *SAGE Marian R. Williams' Abstract The U.S. Supreme Court has indicated that defendants are entitled to effective assistance of counsel. Despite this, many research studies and anecdotal evidence suggest that defense counsel, particularly appointed counsel, struggles to provide effective assistance, especially with regard to case outcomes. These studies suggest that having appointed counsel negatively affects case outcomes, such as conviction and sentencing, in that those with appointed counsel are more likely to be convicted and/or sentenced to longer incarceration terms. Previous research has largely ignored earlier stages of a case and the effect of type of counsel on these earlier case outcomes. The current study examines the effect of counsel-public defender versus retained-on bail decisions in Florida. Previous research has indicated that bail decisions have an effect on the outcome of a case, so the importance of bail decisions cannot be overlooked. Keywords courts, criminal court, bail decisions The Eighth Amendment guarantees the right against excessive bail, but it does not guarantee the right to be granted bail. Despite this, many states allow for the right to bail, except in the case of capital crimes. Historically, bail decisions have been based on issues such as the seriousness of the offense, the flight risk of the defendant, and risk to the community (Hegreness, 2013). As such, judges make decisions every day about whether defendants should be granted bail. Most defendants are given the oppor- tunity to make bail, but are unable to secure their release due to financial constraints (Kalhous & Meringolo, 2012). This is problematic, as defendants who are unable to 'Appalachian State University, Boone, NC, USA Corresponding Author: Marian R. Williams, Appalachian State University, 2028 Anne Belk Hall, ASU Box 32107, Boone, NC 28607, USA. Email: williamsmr4@appstate.edu

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