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

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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
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    References listed on IDEAS

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    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.

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    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

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