Defense Counsel Type,Defendant Interventions,and Punishment in a Virtual Pretrial Courtroom

Abstract

Scholarship finds that defendants face various punishments when attempting to intervene during open court proceedings. Some research also suggests a link between defense counsel type (public/private), defendant interventions, and punishment. Using observational data from a virtual pretrial courtroom, our study examines the effects of defense counsel type on defendant intervention attempts and the impact of attempts on pretrial decisions. Descriptives indicate that intervention attempts were more prevalent among defendants represented by public defenders than by private counsel, and defendants were frequently silenced or ignored—in about 38% of cases. Multivariate results indicate that representation type has no statistically significant effect on intervention attempts. However, we find an interplay between prior system contact and intervention attempts. Findings also indicate that interventions are associated with an increased likelihood of detention. This study highlights the importance of using observational data to gain a more nuanced understanding of pretrial courts, defendant behaviors, and punishment.