The Economics of Rights: Does the Right to Counsel Increase Crime?

Ater, Itai; Givati, Yehonatan; Rigbi, Oren

doi:10.1257/pol.20160027

Cited by 5 publications

(2 citation statements)

References 45 publications

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“…The objective standard of a 'prudent' man or a reasonable man is not defined, and this may lead to a lot of evidentiary subjectivity (Kinports, 2007). The reluctance on part of the law-enforcer to allow an arrested accused the advice of counsel can be seen from the fact that in Israel, after an amendment was brought into the criminal procedure allowing the presence of counsel at public cost in case of indigent arrestees, the Police arrested fewer people who were suspected of committing minor offences (Ater et al, 2017). However, considering that the arrest and investigation process can be expressed in terms of costs incurred by the Police organisation (Greasley, 2000), optimising the resources available to the organisation by confining arrests to those cases where it is absolutely essential seems to be a practical approach to criminal investigation resource management.…”

Section: Ecs Transactions 107 (1) 873-889 (2022)mentioning

confidence: 99%

Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects

Gore

Parasar

2022

ECS Trans.

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Criminal investigation in India is premised on the adversarial system, which provides for investigative fact finding with complete police discretion in fact finding. Investigation to find out only inculpatory facts deviates from the requirement of fairness in executive procedure. The purpose of investigation is to find out the truth. Exculpatory facts are a part of that truth. Constraints placed upon the freedom of the arrestee during investigative incarceration curtail the ability to establish exculpatory facts. Fair investigative procedure ought to provide for statutory norms for bringing to the fore exculpatory facts. Incarceration-related duress leads at times to false confessions. This paper explores the legal, psychological, and sociological aspects of investigative incarceration, and the practical implications and limitations of processual justice in the adversarial investigative process with special reference to India. A survey of civilian experience of policing is made to understand the approach of the public towards policing as a service.

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Section: Ecs Transactions 107 (1) 873-889 (2022)mentioning

confidence: 99%

Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects

Gore

Parasar

2022

ECS Trans.

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“…The study shows that significantly more represented defendants were released from pretrial custody or had their bail reduced to an affordable amount than were unrepresented defendants. As another example, Ater et al (2017) explore whether a reform to offer the right to publicly provided legal counsel in Israel affected arrest proceedings. Results reveal this reform reduced arrest duration and the likelihood of being charged.…”

Section: Literature Review and Contribution Of Present Studymentioning

confidence: 99%

Are lawyers worth the cost? Legal counsel in environmental criminal court cases

Earnhart

Rousseau

2019

International Review of Law and Economics

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

McCannon,

Porreca

2024

Economica

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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.

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The Economics of Rights: Does the Right to Counsel Increase Crime?

Cited by 5 publications

References 45 publications

Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects

Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects

Are lawyers worth the cost? Legal counsel in environmental criminal court cases

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

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