IDEAS home Printed from https://ideas.repec.org/a/eee/irlaec/v30y2010i2p113-127.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0144-8188(09)00071-4
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    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. 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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. 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.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:30:y:2010:i:2:p:113-127. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dana Niculescu). General contact details of provider: http://www.elsevier.com/locate/irle .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.