Isn unrealistic to expect lawyers who practice criminal law to handle data and research about what works?
No. The underlying concern is that lawyers, particularly criminal law practitioners, are accustomed a a high volume, fast-paced, flow of cases and hearings and are ill-equipped to master data or research about what works and to be useful to the court in the style of practice to which they’ve become accustomed. There are, of course, several responses: Although express attention to what works is rare indeed within the style of criminal justice to which we’ve become so unfortunately accustomed, it is not completely missing. In the wide range of occasions and approaches to sentencing, there are certainly those that now involve a lawyer attempting to inject what we allegedly know about what works into a hearing in an attempt to persuade the judge in favor of that lawyer’s goal. At the high volume end of the spectrum, a defense attorney may assert that keeping the defendant employed will lower his risk of recidivism so that any jail sentence ought to be brief or served on weekends; the prose
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