Attorney-client trust among convicted criminal defendants: preliminary examination of the attorney-client trust scale

The current study describes the development of the Attorney-Client Trust Scale (ACTS), a measure designed to assess a client's trust in his or her attorney. A sample of 307 male inmates completed the ACTS and provided information about their most recent case and attorney. Low ACTS scores were associated with having a court-appointed attorney, going to trial, and receiving a lengthy prison sentence. High ACTS scores were related to satisfaction with sentences and attorneys. In addition, findings suggest that perceptions about attorneys' interpersonal skills were as important as perceptions about legal skills in forming opinions about overall lawyering ability. It is recommended that attorneys employ a well rounded assortment of interpersonal skills to foster their clients' trust and to make better use of the limited amount of time they have to spend with clients.     

Trust and understanding in the attorney-juvenile relationship

This study investigated whether court-experienced juveniles differ from court-experienced adults in their understanding of the defense counsel role and their trust in attorneys. Court-experienced juveniles and young adults, ages 12 to 20, were compared on measures of trust, attitudes toward authority, understanding about the role of defense counsel, trial-related knowledge, and the Trust in My Lawyer Scale. The findings showed that court-related knowledge is associated with both level of intellectual functioning and age and that court-related misunderstandings are associated with mistrust in attorneys. The findings did not support the assertion that there are significant differences between juveniles and young adults in their trust of their attorneys. Results regarding parental involvement, attorney characteristics, and interaction effects of race and intellectual functioning in relation to trust are also discussed.     

Effects of Eyewitness Evidence on Plea-Bargain Decisions by Prosecutors and Defense Attorneys1

The present experiment tested the relative impact of two types of eyewitness evidence (identification and non identification) on plea-bargain decisions by prosecutors and defense attorneys. A hypothetical case involving a robbery was mailed to three prosecutors and three defense attorneys in each of 47 states. The subjects were randomly assigned to receive a case in which an eyewitness claimed: (a) the defendant was the criminal (identification), (b) the defendant was not the criminal (non identification), or (c) it was not possible to tell whether the defendant was the criminal (control). Similar to findings with jurors, both prosecutors and defense attorneys underutilized the non identification information in making their plea-bargain decisions. In the case of the prosecutors, there was evidence that the underutilization of eyewitness non identification was at least partially mediated by the prosecutors' predictions of juror reaction to the evidence.     

Attorney- client decision- making in criminal cases: Client competence and participation as perceived by their attorneys

The authors employed a structured interview to ascertain public defenders' perceptions of their clients' competence and the degree of their participation in the defense. In a sample of 122 randomly selected, non-dismissed felony cases, attorneys had doubts about the competence of 14.8% (n = 18) of their clients. Attorneys reported that clients whose competence was doubted were less involved in decision-making and, overall, were passive participants in their cases. Nearly one-half of these clients were not referred for assessment by a mental health professional. The authors compare the practices of attorneys faced with clients of suspected competence with those of mental health clinicians treating patients with impairments in decision-making capacity.     

心理健康服务人员胜任特征与服务满意度的关系*

为考察心理健康服务人员胜任特征与服务双方满意度的关系,对分布于不同机构的心理健康服务人员及其来访者进行问卷调查。结果表明:心理健康服务人员胜任特征总分与自身服务满意度、来访者满意度均呈正相关,与自身服务满意度相关达到显著水平。胜任特征高分组心理健康服务人员自身服务满意度显著高于低分组自身服务满意度。与心理健康服务人员自身服务满意度显著相关的胜任特征条目,多数与知识、技能有关;与来访者满意度显著相关的胜任特征条目,均为来访者能感受到的与咨询关系建立有关的条目。     

Student clinicians’ and clients’ perceptions of the therapeutic alliance and outcomes in stuttering treatment

PurposeThe purpose of this study was to examine how the therapeutic alliances (TA) of graduate student clinicians and adult clients who stutter relate to perceived treatment outcomes.MethodsStudent clinicians (N = 42) and adult clients who stutter (N = 22) completed a survey assessing their TA strength and perception of treatment outcomes. Responses were analyzed to determine similarities and differences in how clinicians and clients relate the TA to perceptions of treatment effectiveness, progress, and outcome satisfaction.ResultsResults suggest that clinicians and clients who stutter both relate the TA to treatment outcome, but in different ways. While clinicians associate the TA most with treatment effectiveness and client progress, clients relate the TA most to outcome satisfaction.ConclusionClinicians should be aware that for adult clients who stutter, outcome satisfaction is related to the degree of shared understanding, agreement on daily tasks, and bond they experience with their clinician. To ensure a strong TA and client satisfaction, clinicians should actively seek their clients’ perspective regarding TA status.     

The Timing of the Defense Opening Statement: Don't Wait Until the Evidence Is in1

Defense attorneys often reserve their opening statements until after presentation of evidence by the prosecution, a practice advocated by some experts. The current study, involving 291 subjects, varied the timing of the defense attorney's opening statement so that it preceded the prosecutor's opening statement, immediately followed the prosecutor's opening statement, or was reserved until after the prosecutor's case presentation. The type of opening statement (content vs. noncontent) and the testimony (altered vs. unaltered) were varied for purposes of increasing generalization. Materials were based on an actual case of auto theft and were presented in written form complete with judge's instructions. The results showed that subjects perceived eyewitness testimony, the prosecutor's opening statement, the prosecutor's closing statement, the defense attorney's closing statement, and the effectiveness of the attorneys differently depending on the timing of the opening statement. Each of these items favored the defense more than the prosecution if the defense opening statement was earlier rather than later. These effects did not interact with type of opening statement or the testimony alteration variable. Individual verdicts, when weighted by the subjects' confidence in their verdicts, were also affected by the timing variable with verdicts more favorable to the defense when the defense opening statement was given earlier rather than later. The consistency with which the timing variable affected subjects' impressions suggests that defense attorneys who take their first opportunity to make an opening statement, rather than delay, end up with a stronger case for their client. Possible exceptions to this conclusion are discussed.     

Holistic representation in juvenile defense: An evaluation of a multidisciplinary children's defense team

This study describes the results of an evaluation of a holistic defense model for juvenile clients. Longitudinal, retrospective analysis of de‐identified data from clients (N = 308) measured individual variable outcomes, relationships, and project performance. Bivariate and multivariate analyses examined the strength of association and interrelationships among client and defense team variables. Findings indicate that holistic defense was significantly associated with improved outcomes among juvenile clients, including increased mental health assessment resulting in treatment, increased employment and educational attainment, and decreased odds of recidivism. Favorable court or dispositional outcomes, including lower adjudication or early termination from custody, were also reported. Further practice‐level, controlled research is necessary to evaluate these models and offer comparison to other models for holistic defense.     

Toward the differentiation of trust in supervisor and trust in organization

Trust in supervisor and trust in organization are argued to be distinct but related constructs, each with its own set of antecedents and outcomes. Empirical field results supported the proposition. Although trust in supervisor and trust in organization were positively and significantly correlated, trust in supervisor was more strongly associated with proximal variables (ability, benevolence, and integrity of supervisor), whereas trust in organization was more strongly correlated with global variables (perceived organizational support and justice). This conclusion held despite the inclusion of proximal variables in the regression on trust in organization and the inclusion of global variables in the regression on trust in supervisor. In addition to the differential antecedents of trust in supervisor and trust in organization, the outcomes for both variables were different. Trust in supervisor was related to increased innovative behavior and satisfaction with supervisor, and trust in organization was related to higher organizational commitment and lower intention to leave. Therefore, the authors provide clear preliminary data on the distinctiveness of trust in supervisor and trust in organization. One implication of this set of results is that organizations should adopt a more holistic approach in building trust, which can be achieved by focusing on the various constituents of the organization and the various levels (e.g., the supervisor level and the organizational level).     

Studies of transformational leadership in consumer service: leadership trust and the mediating-moderating role of cooperative conflict management

This is the third in a series of studies evaluating how transformational leadership is associated with related variables such as job satisfaction, change commitment, leadership trust, cooperative conflict management, and market orientation. The present paper evaluates the effects of transformational leadership and cooperative conflict management along with their mediating and moderating of leadership trust in the life insurance industry for two sample groups, sales managers and sales employees. The main effect of leadership trust was mediated and moderated by cooperative conflict management. Cooperative conflict management made a more important contribution than transformational leadership or the moderating effect (interaction), but these three together were the most important variables predicting highest leadership trust. Transformational leadership has an indirect influence on leadership trust. This work summarizes the specific contribution and importance of building successful leadership trust associations with employees in relation to leadership and satisfaction with change commitment.     

Use of the insanity defense: A survey of attorneys in wyoming

Attorneys in the State of Wyoming were surveyed to determine their reported use of the insanity defense during the preceding 5 years. They were asked about the success, defined as “benefit to the defendant,” of the insanity defense at various stages that occur before trial. The attorneys reported that the insanity defense is used throughout the various stages preceding trial, with more use and benefit to the defendant being reported than previously suggested. This was particularly true for the earlier stages in the criminal justice process. The attorneys were also asked various attitude questions related to the insanity defense. Defense lawyers were more in from of the insanity defense and expressed attitudes that supported the insanity defense while prosecuting attorneys were relatively more opposed to the insanity defense and expressed attitudes consistent with this view.     

Paying a price: culture, trust, and negotiation consequences

Three studies contrasting Indian and American negotiators tested hypotheses derived from theory proposing why there are cultural differences in trust and how cultural differences in trust influence negotiation strategy. Study 1 (a survey) documented that Indian negotiators trust their counterparts less than American negotiators. Study 2 (a negotiation simulation) linked American and Indian negotiators' self-reported trust and strategy to their insight and joint gains. Study 3 replicated and extended Study 2 using independently coded negotiation strategy data, allowing for stronger causal inference. Overall, the strategy associated with Indian negotiators' reluctance to extend interpersonal (as opposed to institutional) trust produced relatively poor outcomes. Our data support an expanded theoretical model of negotiation, linking culture to trust, strategies, and outcomes.     

Referrers' Perceived Utility and Outcomes of Clinical Neuropsychological Assessment in an Adolescent and Young Adult Public Mental Health Service

Despite frequent informal or anecdotal acknowledgement of the usefulness of neuropsychological services within various settings, including mental health settings, few studies have formally investigated the satisfaction, perceived utility, or outcomes associated with such a service. This survey‐based study evaluated referring clinicians’ (n = 35) perceptions of the usefulness and outcomes associated with the provision of clinical neuropsychological assessment and feedback within an adolescent and young adult public mental health service in Melbourne, Australia. The results suggest that referrers perceive the neuropsychological service, including formal neuropsychological assessment report and verbal and written feedbacks, as a highly useful adjunct to their clinical practice. In addition, referrers frequently reported clinically meaningful outcomes in association with the neuropsychological service, including diagnostic changes or additions (11% of clients referred), changes to approaches in treatment (52% of clients referred), and increased or appropriate access to services, education, or work (33% of clients referred). Referrers also reported that almost 60% of neuropsychological assessment reports were forwarded to other services or clinicians involved in the client's care. The findings suggest that mental health settings are likely to benefit from routine inclusion of specialist neuropsychology services. However, future research should also examine client and family perceptions regarding the satisfaction and usefulness of neuropsychological services.     

The Effect of Therapist–Client Racial Similarity on Client Satisfaction and Therapist Evaluation of Treatment

Client satisfaction with therapy services and therapists' perspectives of treatment evaluation were examined in relation to therapist and client racial similarity. Secondary data from a university marriage and family therapy clinic located in the southeast was used to pair therapists and clients on racial similarity or difference. Statistical analyses revealed no major differences in clients' perceptions of satisfaction based on similarity to therapists' race. Therapists indicated some differences in their perceptions of the success of services provided to clients based on similarity to client's race. Implications for researchers, clinicians, and educators are included.     

Plea bargaining recommendations by criminal defense attorneys: evidence strength, potential sentence, and defendant preference

Although most criminal cases are disposed of through the process of plea bargaining, little research has focused on this process, and that research has focused on two variables: probability of conviction and potential sentence. This study examined the plea bargaining process from the perspective of the criminal defense attorney and expands prior research by including a third variable: defendant preference regarding plea. Attorney participants (N = 186) responded to a survey containing a vignette presented in a 2 x 2 x 2 between-subjects design, in which there was systematic manipulation of the following three variables in the context of criminal litigation: likelihood of conviction based on the strength of evidence, defendant preference regarding plea, and potential sentence if convicted. All of these variables were considered important to criminal defense attorneys, and how these variables significantly interacted with each other is explained. We discuss these findings in light of past research and theory that suggested attorneys make plea recommendations according only to probability of conviction and potential sentence, and we discuss implications and directions for future research.     

The Effect of Race on Decisions by Judges and Other Officers of the Court1

This study examined the impact of the ethnic group of defendant and victim on perceptions of a simulated trial. The subjects were judges, prosecuting attorneys, defense attorneys, and probation officers. People of different racial groups are perceived and would be treated differently by the respondents. Most respondents perceived the White defendant as a more serious offender than a minority defendant. However, there was one very important exception—judges. Judges indicated that a minority defendant who victimized a White was more likely to commit future crimes. Minority respondents and different occupational groups responded in diverse ways. Chen's filtering model of case processing in the criminal justice system (1991) is used to explain these results.     

The practice research network: Research into practice,practice into research

The purpose of the broader project on which this report is based was to utilize a Practice Research Network, an alternative to traditional clinical studies to 1) identify demographically one practice group, namely professional counselors in the United States, 2) describe their practice patterns, and 3) identify their client population and the efficacy of their clinical work through client outcomes based on actual client reports. This article describes the development of one such nation‐wide Practice Research Network (PRN) and provides some preliminary findings for each phase of the project. Use of the PRN model can help overcome the traditional “research to practice” gap and provide research results into community practice thus integrating outcomes measures into the daily practice of mental health professionals. During the early phases of this project, a software program was developed upon which the participating practitioners could identify the data elements within the parameters of the focus on their agreed‐upon research interests, enter data following client visits over time, and by comparing their own composite profiles and effectiveness with those of other participating practitioners who had clients presenting with similar diagnoses, could alter their own service delivery patterns, therapeutic interventions, or approaches while working with the clients and thereby improve the efficacy of their service. By participating, the practitioners benefited by access to downloadable and printable reports on profiles of 1) their specific clients, 2) their service delivery patterns, and 3) the outcomes or efficacy by their clients’ direct feedback. They were also able to compare these results with the composite data from other practitioners.     

Client Versus Clinicians’ Standards of Clinically Meaningful Change and the Effects of Treatment Expectations on Therapeutic Outcomes in Individuals With Posttraumatic Stress Disorder

There is limited research on the concordance between client perceptions and clinician standards of the degree of symptom change required to achieve meaningful therapeutic improvement. This was investigated in an adult sample (N = 147) who received trauma-focused cognitive-behavioral therapies for posttraumatic stress disorder (PTSD). We examined whether clients’ benchmarks of change were related to actual outcomes and the relationship between client expectations and their treatment outcomes. Clients completed measures indexing the level of symptom reduction required (in their view) to reflect a benefit or recovery from treatment and treatment expectations. Actual PTSD severity was indexed pre- and posttreatment via self-report and clinician-administered interview. Results demonstrated that the amount of change clients said they required to experience a benefit or recovery was significantly larger than typical clinical research standards. Nonetheless, the majority of client benchmarks of change (79.7–81.8%) were consistent with clinical research standards of what constitutes benefit or recovery. Client benchmarks were generally positively correlated with their actual outcomes. Clients’ belief that treatment would be successful was associated with greater reductions in PTSD symptoms. These findings provide preliminary evidence that the standards used to determine clinically significant change are somewhat consistent with clients’ own perceptions of required symptom change.     

Collaborative Case Conceptualization: Client Knows Best

There appears to be a link between high-quality case conceptualization and therapy outcomes. Unfortunately, case conceptualization is a complex skill that appears to lag behind other cognitive-behavioral therapy skills development. Two simple forms of case conceptualization are illustrated that could prove easy for therapists to learn. As an added benefit, they collaboratively engage clients in their construction, which can lead to greater client understanding, empowerment, and treatment adherence. Each offers a better understanding of presenting difficulties using client language and provides a platform to collaboratively devise treatment plans. The five-part model can be used with any combination of client issues to broadly describe current difficulties in terms of links among thoughts, behaviors, physical reactions, moods, and environmental/situational factors. A second model, called “box/arrow in/arrow out,” helps clients identify triggers and maintenance factors for specific issues of concern. Each model is illustrated with a case example and discussion of how client strengths can be linked with that model of case conceptualization and the treatment plans that follow. To make it easier for therapists to learn and apply these conceptualization approaches, this article details the steps involved in each and highlights standard therapist questions and statements that can be used to prompt client engagement in co-construction of these models.