23 Cardozo L. Rev. 1719 (2001-2002)
Do Attorneys Really Matter - The Empirical and Legal Case for the Right of Counsel at Bail

handle is hein.journals/cdozo23 and id is 1741 raw text is: DO ATTORNEYS REALLY MATTER? THE
EMPIRICAL AND LEGAL CASE FOR THE
RIGHT OF COUNSEL AT BAIL
Douglas L. Colbert*
Ray Paternoster**
Shawn Bushway***
INTRODUCTION
Contrary to common belief, our legal system does not
guarantee a lawyer to every person whose freedom is at stake.
Instead, the indigent accused usually stands alone, without counsel
to protect his liberty when first appearing at a bail hearing. Most
states do not consider the right to counsel to apply until a later
stage of a criminal proceeding-days, weeks or months after the
pretrial   release    determination.       During     this   time,   many
unrepresented detainees accused of nonviolent crimes languish in
* Professor of Law, Maryland School of Law. Cindy Feathers deserves special
recognition for her thoughtful comments and editing suggestions on drafts of this article. I
also want to express appreciation to the many Maryland law students who participated in
the Lawyers at Bail Project and who were the first to represent indigent defendants at
Baltimore City bail hearings. I thank Maryland Law School for providing a generous
research grant and to colleagues who contributed excellent ideas and suggestions at two
faculty workshops. Finally, and most important, I fully appreciate my family's love,
support, and encouragement throughout this project.
** Raymond Paternoster is a Professor of Criminology at the University of Maryland.
His research interests have included the role of perceived justice in the criminal justice
system, the use of quantitative methods in studies of crime, and the administration of
capital punishment. He currently is engaged in a comprehensive study of capital
punishment in Maryland.
*** Shawn D. Bushway is an Assistant Professor of Criminology and Criminal Justice at
the University of Maryland and a Fellow with the National Consortium of Violence
Research. He received his Ph.D. in Public Policy Analysis and Political Economy from
the H. John Heinz III School of Public Policy and Management at Carnegie Mellon
University. His past research includes work on the impact of arrest and criminal activity
on labor market outcomes and statistical methods for the analysis of panel data.

1719

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