IDEAS home Printed from https://ideas.repec.org/a/tpr/restat/v103y2021i2p294-309.html
   My bibliography  Save this article

Is Your Lawyer a Lemon? Incentives and Selection in the Public Provision of Criminal Defense

Author

Listed:
  • Amanda Agan

    (Rutgers University)

  • Matthew Freedman

    (University of California, Irvine)

  • Emily Owens

    (University of California, Irvine)

Abstract

Governments in the United States must offer free legal services to low-income people accused of crimes. To provide these services, many jurisdictions rely on assigned counsel systems, where private attorneys represent indigent defendants on a contract basis. These defendants are more likely to be convicted and incarcerated than defendants with privately retained attorneys. Using detailed court records, we investigate the mechanisms behind this disparity and consider their policy implications. We find that adverse selection among lawyers is not the primary contributor to the assigned counsel penalty. We conclude that reform efforts should address moral hazard in assigned counsel systems.

Suggested Citation

  • Amanda Agan & Matthew Freedman & Emily Owens, 2021. "Is Your Lawyer a Lemon? Incentives and Selection in the Public Provision of Criminal Defense," The Review of Economics and Statistics, MIT Press, vol. 103(2), pages 294-309, May.
    • Handle: RePEc:tpr:restat:v:103:y:2021:i:2:p:294-309
    DOI: 10.1162/rest_a_00891
    as

    Download full text from publisher

    File URL: https://doi.org/10.1162/rest_a_00891
    Download Restriction: Access to PDF is restricted to subscribers.
    File URL: https://libkey.io/10.1162/rest_a_00891?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

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

    Other versions of this item:

    References listed on IDEAS

    as
    1. Will Dobbie & Jacob Goldin & Crystal S. Yang, 2018. "The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges," American Economic Review, American Economic Association, vol. 108(2), pages 201-240, February.
    2. Lovenheim, Michael F. & Owens, Emily G., 2014. "Does federal financial aid affect college enrollment? Evidence from drug offenders and the Higher Education Act of 1998," Journal of Urban Economics, Elsevier, vol. 81(C), pages 1-13.
    3. Jonah B. Gelbach, 2016. "When Do Covariates Matter? And Which Ones, and How Much?," Journal of Labor Economics, University of Chicago Press, vol. 34(2), pages 509-543.
    4. Radha Iyengar, 2007. "An Analysis of the Performance of Federal Indigent Defense Counsel," NBER Working Papers 13187, National Bureau of Economic Research, Inc.
    5. Amanda Agan & Sonja Starr, 2016. "Ban the Box, Criminal Records, and Statistical Discrimination: A Field Experiment," Natural Field Experiments 00539, The Field Experiments Website.
    6. Thomas S. Dee, 2004. "Teachers, Race, and Student Achievement in a Randomized Experiment," The Review of Economics and Statistics, MIT Press, vol. 86(1), pages 195-210, February.
    7. Justin McCrary, 2007. "The Effect of Court-Ordered Hiring Quotas on the Composition and Quality of Police," American Economic Review, American Economic Association, vol. 97(1), pages 318-353, March.
    8. Amanda Agan & Sonja Starr, 2018. "Ban the Box, Criminal Records, and Racial Discrimination: A Field Experiment," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(1), pages 191-235.
    9. Devah Pager, 2003. "The mark of a criminal record," Natural Field Experiments 00319, The Field Experiments Website.
    10. Anna Aizer & Joseph J. Doyle, 2015. "Juvenile Incarceration, Human Capital, and Future Crime: Evidence from Randomly Assigned Judges," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 130(2), pages 759-803.
    11. Arpit Gupta & Christopher Hansman & Ethan Frenchman, 2016. "The Heavy Costs of High Bail: Evidence from Judge Randomization," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 471-505.
    12. Paul Beaudry & David A. Green & Benjamin Sand, 2012. "Does Industrial Composition Matter for Wages? A Test of Search and Bargaining Theory," Econometrica, Econometric Society, vol. 80(3), pages 1063-1104, May.
    13. Michael A. Roach, 2014. "Indigent Defense Counsel, Attorney Quality, and Defendant Outcomes," American Law and Economics Review, Oxford University Press, vol. 16(2), pages 577-619.
    14. Hjalmarsson, Randi, 2008. "Criminal justice involvement and high school completion," Journal of Urban Economics, Elsevier, vol. 63(2), pages 613-630, March.
    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. Samantha Bielen & Wim Marneffe & Naci H. Mocan, 2018. "Racial Bias and In-group Bias in Judicial Decisions: Evidence from Virtual Reality Courtrooms," NBER Working Papers 25355, National Bureau of Economic Research, Inc.
    2. Jason Ralston & Jason Aimone & Lucas Rentschler & Charles North, 2023. "Prosecutor plea bargaining and conviction rate structure: evidence from an experiment," Public Choice, Springer, vol. 196(3), pages 299-329, September.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Bastien Michel & Camille Hémet, 2022. "Custodial versus non-custodial sentences: Long-run evidence from an anticipated reform," PSE Working Papers halshs-03899897, HAL.
    2. Will Dobbie & Crystal S. Yang, 2021. "The US Pretrial System: Balancing Individual Rights and Public Interests," Journal of Economic Perspectives, American Economic Association, vol. 35(4), pages 49-70, Fall.
    3. David Arnold & Will Dobbie & Crystal S Yang, 2018. "Racial Bias in Bail Decisions," The Quarterly Journal of Economics, Oxford University Press, vol. 133(4), pages 1885-1932.
    4. Mueller-Smith, Michael & Schnepel, Kevin T., 2016. "Avoiding Convictions: Regression Discontinuity Evidence on Court Deferrals for First-Time Drug Offenders," IZA Discussion Papers 10409, Institute of Labor Economics (IZA).
    5. Mueller-Smith, Michael & Schnepel, Kevin T., 2016. "Avoiding Convictions: Regression Discontinuity Evidence on Court Deferrals for First-Time Drug Offenders," Working Papers 2016-16, University of Sydney, School of Economics.
    6. Button, Patrick & Walker, Brigham, 2020. "Employment discrimination against Indigenous Peoples in the United States: Evidence from a field experiment," Labour Economics, Elsevier, vol. 65(C).
    7. Andrew Leigh, 2020. "The Second Convict Age: Explaining the Return of Mass Imprisonment in Australia," The Economic Record, The Economic Society of Australia, vol. 96(313), pages 187-208, June.
    8. Janet Currie & Michael Mueller-Smith & Maya Rossin-Slater, 2022. "Violence While in Utero: The Impact of Assaults during Pregnancy on Birth Outcomes," The Review of Economics and Statistics, MIT Press, vol. 104(3), pages 525-540, May.
    9. Will Dobbie & Jacob Goldin & Crystal S. Yang, 2018. "The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges," American Economic Review, American Economic Association, vol. 108(2), pages 201-240, February.
    10. Amanda Y. Agan & Michael D. Makowsky, 2018. "The Minimum Wage, EITC, and Criminal Recidivism," Working Papers 616, Princeton University, Department of Economics, Industrial Relations Section..
    11. Jon Kleinberg & Himabindu Lakkaraju & Jure Leskovec & Jens Ludwig & Sendhil Mullainathan, 2018. "Human Decisions and Machine Predictions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(1), pages 237-293.
    12. Darolia, Rajeev & Mueser, Peter & Cronin, Jacob, 2021. "Labor market returns to a prison GED," Economics of Education Review, Elsevier, vol. 82(C).
    13. Elsa Augustine & Johanna Lacoe & Steven Raphael & Alissa Skog, 2022. "The Impact of Felony Diversion in San Francisco," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 41(3), pages 683-709, June.
    14. Grenet, Julien & Grönqvist, Hans & Niknami, Susan, 2024. "The effects of electronic monitoring on offenders and their families," Journal of Public Economics, Elsevier, vol. 230(C).
    15. Nicolás Grau & Gonzalo Marivil & Jorge Rivera, 2019. "The Effect of Pretrial Detention on Labor Market Outcomes," Working Papers wp488, University of Chile, Department of Economics.
    16. Tomás Cortés & Nicolás Grau & Jorge Rivera, 2019. "Juvenile Incarceration and Adult Recidivism," Working Papers wp482, University of Chile, Department of Economics.
    17. Jason Baron, E. & Jacob, Brian & Ryan, Joseph, 2023. "Pretrial juvenile detention," Journal of Public Economics, Elsevier, vol. 217(C).
    18. Hémet, Camille & Michel, Bastien, 2020. "Incarceration versus probation? Long-run evidence from an anticipated reform," CEPR Discussion Papers 15047, C.E.P.R. Discussion Papers.
    19. van Ours, Jan C. & Williams, Jenny & Ward, Shannon, 2015. "Bad Behavior: Delinquency, Arrest and Early School Leaving," CEPR Discussion Papers 10755, C.E.P.R. Discussion Papers.
    20. Allison Dwyer Emory, 2019. "Unintended Consequences: Protective State Policies and the Employment of Fathers with Criminal Records," Working Papers wp19-04-ff, Princeton University, School of Public and International Affairs, Center for Research on Child Wellbeing..

    More about this item

    JEL classification:

    • H44 - Public Economics - - Publicly Provided Goods - - - Publicly Provided Goods: Mixed Markets
    • H76 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Other Expenditure Categories
    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • J38 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Public Policy
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

    Statistics

    Access and download statistics

    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:tpr:restat:v:103:y:2021:i:2:p:294-309. See general information about how to correct material in RePEc.

    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 bibliographic 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.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Kelly McDougall (email available below). General contact details of provider: https://direct.mit.edu/journals .

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

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.