ABSTRACT

Defense attorneys act as defendants’ advocates in the court, and ultimately their decision-making is important when considering defendants’ perception of their experience with and ultimate outcomes within the American criminal courts system. Defense attorneys’ decisions are influenced by a combination of legal (e.g., strength of the evidence) and extra-legal factors (e.g., biases, structural influences). Extra-legal factors such as the defense attorneys’ position in the “courtroom workgroup” and number of cases (i.e., their current caseload) are also likely to positively or negatively impact their work and clients’ cases. These topics are especially important when considering that defense attorneys in public defense are overworked and overburdened with cases, which can contribute to stress, burnout, and client concern. We highlight promising programs, policies, and practices such as “client choice” to strengthen the relationship between defense attorneys and their clients, as well as programs to support attorneys, both through training and attorney burnout policies.