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Does the type of criminal defense counsel affect case outcomes?: A natural experiment in Taiwan

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  • Huang, Kuo-Chang
  • Chen, Kong-Pin
  • Lin, Chang-Ching

Abstract

Taiwan's legal reform in 2003 provides an excellent natural experiment-like setting for empirical investigation. Using trial data from 2004 to 2007, we test whether there has been a systematic difference in trial outcomes between criminal defendants with different types of defense counsel, and examine relevant policy implications. Our study finds that while public defenders and government-contracted legal aid attorneys are about equally effective, they tend to adopt different litigation strategies which will in turn affect their clients' fates. Specifically, the defendants represented by public defenders tend to have higher conviction rates, but shorter sentences if they are convicted. These differences can be explained in term of the inherent differences in the institutional characters for the two types of counsel and the pecuniary incentives they face.

Suggested Citation

  • Huang, Kuo-Chang & Chen, Kong-Pin & Lin, Chang-Ching, 2010. "Does the type of criminal defense counsel affect case outcomes?: A natural experiment in Taiwan," International Review of Law and Economics, Elsevier, vol. 30(2), pages 113-127, June.
    • Handle: RePEc:eee:irlaec:v:30:y:2010:i:2:p:113-127
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    References listed on IDEAS

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    1. Ramseyer, J Mark & Rasmusen, Eric B, 2001. "Why Is the Japanese Conviction Rate So High?," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 53-88, January.
    2. Kuo‐Chang Huang, 2008. "How Legal Representation Affects Case Outcomes: An Empirical Perspective from Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 197-238, June.
    3. Shavell, Steven, 1995. "The Appeals Process as a Means of Error Correction," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 379-426, June.
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    Cited by:

    1. Lin, Chang-Ching & Chang, Yun-chien & Chen, Kong-Pin, 2020. "Knowledge in youth is wisdom in age: an empirical study of attorney experience in torts litigation," International Review of Law and Economics, Elsevier, vol. 63(C).
    2. Peter Grajzl & Valentina Dimitrova-Grajzl & Katarina Zajc, 2016. "Inside post-socialist courts: the determinants of adjudicatory outcomes in Slovenian commercial disputes," European Journal of Law and Economics, Springer, vol. 41(1), pages 85-115, February.
    3. Bryan C. McCannon, 2013. "Prosecutor Elections, Mistakes, and Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 696-714, December.
    4. Kuo‐Chang Huang & Chang‐Ching Lin, 2013. "Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 542-569, September.

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