Location
Greenspun Hall, UNLV
Description
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a further analysis of the types of criminal defense reveals that sentencing decisions are significantly correlated with the type of defense, and in particular, the court’s appraisal of the defense. Theoretical and practical implications are discussed.
Keywords
China; Criminal defense lawyers; Defense (Criminal procedure); Legal assistance to prisoners; Sentences (Criminal procedure)
Disciplines
Comparative and Foreign Law | Criminal Procedure | Legal Studies | Legal Theory
Language
English
COinS
Legal Representation in the Chinese Criminal Court
Greenspun Hall, UNLV
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a further analysis of the types of criminal defense reveals that sentencing decisions are significantly correlated with the type of defense, and in particular, the court’s appraisal of the defense. Theoretical and practical implications are discussed.