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

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

Research output: Contribution to journalArticle

8 Citations (Scopus)

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.

Original languageEnglish
Pages (from-to)113-127
Number of pages15
JournalInternational Review of Law and Economics
Volume30
Issue number2
DOIs
Publication statusPublished - 2010 Jun 1

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Taiwan
legal aid
experiment
incentive
reform
Natural experiment
Litigation
Legal reform
Policy implications
Short rate
Empirical investigation
Incentives
Government

All Science Journal Classification (ASJC) codes

  • Finance
  • Economics and Econometrics
  • Law

Cite this

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Does the type of criminal defense counsel affect case outcomes?. A natural experiment in Taiwan. / Huang, Kuo Chang; Chen, Kong Pin; Lin, Chang-Ching.

In: International Review of Law and Economics, Vol. 30, No. 2, 01.06.2010, p. 113-127.

Research output: Contribution to journalArticle

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