NCJ Number
186001
Date Published
1998
Length
16 pages
Annotation
Recent decisions of the U.S. Supreme Court in the area of criminal law administration and defendant rights fail to take into account three crucial aspects of social structure that may tend to render more libertarian rules as nugatory--nature of the courts as a formal organization, relationship of the lawyer "regular" with the court organization, and character of the lawyer-client relationship in the criminal court.
Abstract
Like many other modern large-scale organizations, courts have a tendency to co-opt entire professional groups as well as individuals. Almost all those who come within the ambit of organization authority find their definitions, perceptions, and values have been changed, largely in terms favorable to the particular organization and its goals. As a result, recent U.S. Supreme Court decisions may have a long-term effect that may be radically different from the effect intended or anticipated. More libertarian rules will tend to produce the rather ironic end result of augmenting existing organizational arrangements, enriching court organizations with more personnel and elaborate structures, and maximizing organizational goals of efficiency and production. Thus, many defendants will find that courts will possess an even more sophisticated apparatus for processing them toward a guilty plea, and the author concludes defense attorneys act as double agents to get defendants to plead guilty. 3 tables