你的律师是柠檬吗?刑事辩护公共提供中的激励与选择

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

Review of Economics and Statistics · 2019
被引 51
人大 AFT50ABS 4

中文导读

研究美国公设律师制度中,合同制律师代理的贫困被告定罪率更高的原因,发现逆向选择不是主因,道德风险才是关键,为改革提供方向。

Abstract

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.

逆向选择道德风险公设辩护人刑事辩护质量