NCJ Number
195220
Journal
British Journal of Criminology Volume: 42 Issue: 2 Dated: Spring 2002 Pages: 267-280
Date Published
2002
Length
14 pages
Annotation
This study examined the impact of legal representation on the adjudication of theft cases in a Chinese court.
Abstract
This study sought to examine whether the recently enhanced role of defense attorneys in China had affected the outcome of court cases. Recent reform in the Chinese legal system has led to defense attorneys taking on a more prominent role in the judicial system. However, research on the impact of this expanded role of defense attorneys on the adjudication of court cases has been sparse. The authors examined 237 summary judgments of theft cases from a district court in China during 1999. They were concerned with answering two related questions: (1) were defense attorneys effective in securing favorable pre-trial and sentencing outcomes, and (2) did the type of defense offered have an impact on sentencing outcomes? The results of the multivariate regression analysis indicate that defense attorneys in China have little impact on the pre-trial detention and sentencing outcomes. However, the authors did find that the type of defense offered had an impact on the sentencing decision. Specifically, if a defense is presented that legitimizes the Chinese judicial system, the sentencing outcome tends to be more favorable for the defendant. The authors suggest that the findings of this study indicate that the Chinese legal system is loathe to change, accepting arguments that only legitimize its traditional structure. Tables, references