An Empirical Analysis Of Defense Attorneys In Plea Bargaining Who Are Privately Hired And Publicly Appointed: The Chinese Experience

Synopsis

In 18 major Chinese cities, a trial waiver system was put into place and tested between 2016 and 2018. This study examines how defense attorneys hired privately versus those assigned by the government fare in plea negotiations under the tested system. The purpose of the comparison is to evaluate how much they participated in each stage of the plea negotiating process and the case results. The evaluation was carried out using information gathered from a sample of defense attorneys from one of the major cities. According to the data, attorneys who were appointed by the government participated in all phases of the plea negotiating to a substantially lesser extent than attorneys who were retained by private clients. There is no discernible difference in the case results between defense attorneys hired privately and those chosen by the government. These discoveries’ ramifications are examined.

Remarks

1.] C. Alkon (2016). Negotiating plea deals: Determining what constitutes competency beyond Lafler and Frye. Rev. Am. Crim. L., 53, 377. Saujani, R. M., and Hessick III, F. A. (2001). The prosecution, defense attorney, and judge’s roles in plea bargaining and convicting the innocent. J. PUB. L., BYU, 16, 189.

2.] Wu, Yu (2020). Is a plea actually a good deal? an actual investigation of six Chinese cities. 15(3), 237–58, Asian Journal of Criminology.

3.] J. Jiang (2016). Criminal Reconciliation in Contemporary China: An Empirical and Analytical Enquiry. Published by Edward Elgar Publishing. Miethe, T. D., and Lu, H. (2003). Chinese confessions and the resolution of criminal cases. Review of Law and Society, 37(3), 549–78. Trevaskes (2010) said. The evolving boundaries of Chinese punishment during the “Harmonious Society” era. 32(3) Law & Policy, 332–61.

4.] In 1991, Feeney, F. and Jackson, P. D. Does the sort of criminal defense counsel matter? Public defenders, appointed counsel, and retained counsel are some examples. 22(2), Rutgers Law Journal, 361–456.

5.] Miller, H. V., Spohn, C., and Hartley, R. D. (2010). Is what you pay for what you get? The kind of counsel and how it affects the results of criminal cases. 38(5), 1063–70, Journal of Criminal Justice.

6.] C. W. Harlow (2001). defense attorneys in criminal matters. Bureau of Justice Statistics, Office of Justice Programs, US Department of Justice.

7.] In 2012, Joy and McMunigal published a paper. Is there a difference between appointed attorneys and public defenders? Just. Crim., 27, 46.

8.] Shepherd, J.D., Rubin, P.H., and Hoffman, M. B. (2005). An empirical investigation on the efficiency of public defenders: “Marginally indigent” self-selection Ohio State Criminal Law Journal, 3, 223–55.

9.] Shumsky, R. and Beck, J. C. (1997). A comparative analysis of appointed and hired lawyers in capital murder cases. Human Behavior and Law, 21(5), 525–38.

10.] M. R. Williams (2013). The efficiency of four Florida counties’ public defenders. 41(4), 205–12, Journal of Criminal Justice.

11.] T. Peng (2015). I practice public defense. I’ll never be able to adequately represent my clients. The Post in Washington.

12.] In 1996, Weitzer, R. Findings and issues from the literature about racial prejudice in the criminal justice system. Criminal Justice Journal, 24(4), 309–22.

13.] Notes 6 and 7 above; Uphoff, R. J. (1992). The criminal defense attorney: fervent protector, deceitful intermediary, or troubled merchant? 28(5) Criminal Law Bulletin, 419–56.

14.] Yan Cheng (2017). Duty lawyer system: its worth and perfection. Law Magazine 4: 116–24.

15.] Yinglong Wang (2018). Legal assistance using the Chinese model. Magazine of Chinese Criminal Procedure Law 6: 116–33. (2017) Xiong, Qiuhong. A successful legal defense from a trial-centered viewpoint. Studies in Current Law 6: 14–24.

16.] Ming Hu (2020). The condition and development of the duty lawyer system and criminal defense comprehensive coverage. Studies on the Rule of Law 3: 60–70.

17.] Note 2 above.

18.] “Structural elements of contemporary criminal justice in the People’s Republic of China,” by Edward J. McCabe, 1989 In Social Control in the People’s Republic of China, edited by Dean Rojek, John Clark, and Ronald Troyer, pages 115–29. Praeger, NY, p. 121.

 

 

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