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辩护权:19世纪伦敦的刑事起诉

The right to counsel: criminal prosecution in 19th century London

Economica · 2024
被引 1
人大 BABS 3

中文导读

利用19世纪伦敦刑事审判数据,研究发现1836年《囚犯律师法》引入辩护权后,陪审团更信任可被质证的证据,导致定罪率上升。

Abstract

Abstract We exploit a dataset of criminal trials in 19th century London to evaluate the impact of an accused's right to counsel on convictions. While lower‐level crimes had an established history of professional representation prior to 1836, individuals accused of committing a felony did not, despite the prosecution being conducted by professional attorneys. The Prisoners' Counsel Act 1836 remedied this and first introduced the right to counsel in common law systems. Using a difference‐in‐differences estimation strategy, we identify the effect of the universal right to defence counsel. We find the surprising result that the professionalization of the courtroom led to an increase in the conviction rate. We argue that this effect was a consequence of the Act inducing a shift in the beliefs of jurors, who grew more likely to believe the evidence put before them once it could be challenged in an adversarial courtroom. We go further, and employ a topic modelling approach to the text of the transcripts to provide suggestive evidence on how the trials changed when the right to defence counsel was fully introduced, documenting a movement towards increased usage of precise and detailed language when discussing details of alleged offences.

法律经济学犯罪学历史学政治学