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The Effect of Pre-Arraignment Legal Representation on Criminal Case Outcomes

Author

Listed:
  • Johanna Lacoe
  • Brett Fischer
  • Steven Raphael

Abstract

Low-income individuals arrested on criminal charges face disproportionately high rates of pretrial detention and conviction. We study a novel approach to addressing this inequity: providing low-income individuals with access to legal counsel immediately following their arrest. Focusing on a pilot program in a large urban county, we estimate the causal impact of early representation by a public defender on release and case outcomes, leveraging quasi-random variation in access to counsel pre-arraignment. Low-income individuals who met with a public defender shortly after arrest were 28 percentage points more likely to be released pretrial, and 36 percent more likely to see their cases dismissed, relative to otherwise similar individuals who would first meet with a public defender at their arraignment. These results suggest that providing timely access to legal representation could improve release and case outcomes for public defender clients.

Suggested Citation

  • Johanna Lacoe & Brett Fischer & Steven Raphael, 2023. "The Effect of Pre-Arraignment Legal Representation on Criminal Case Outcomes," NBER Working Papers 31289, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:31289
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    More about this item

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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