Equality in Representation? The Efficacy of Court-Appointed Lawyers in the Chinese Criminal Courts

Abstract

This study examines the effectiveness of court-appointed lawyers in comparison to private attorneys within China’s criminal justice system, focusing on the “Lawyers for All” program. Utilizing data from Guangdong courts between 2018 and 2021 and covering five types of crimes, the research employs propensity score matching to evaluate sentencing lengths and probation rates. The findings indicate that defendants represented by court-appointed lawyers typically receive shorter sentences than those with private counsel, but they are less likely to be granted probation. Additionally, an innovative metric—“actual time served in prison”—suggests a reduced incarceration period for defendants with court-appointed attorneys. The study proposes that the collaborative role of court-appointed lawyers within the Chinese courtroom workgroup potentially influences these outcomes, contrasting with the adversarial nature of private attorneys. This analysis contributes to the broader understanding of legal representation in authoritarian regimes, highlighting the unique dynamics within China’s legal system.