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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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