American Economic Journal:
Economic Policy
ISSN 1945-7731 (Print) | ISSN 1945-774X (Online)
The Role of Race in the Legal Representation of Low-Income Defendants
American Economic Journal: Economic Policy
(pp. 63–93)
Abstract
Little is known about the role of race in the defense of low-income defendants by court-appointed attorneys. Exploiting the quasirandom assignment of court-appointed attorneys to cases, we test whether attorneys secure better deals for same-race defendants. Results indicate that while Black and White attorneys are similarly effective at representing White defendants, Black defendants who are represented by White rather than Black attorneys are 14–16 percent more likely to have their charges dismissed and 15–26 percent less likely to be incarcerated. Moreover, we find no evidence that having a different-race attorney increases the likelihood of reoffending in the future.Citation
Mikdash, Maya, and Suhyeon Oh. 2026. "The Role of Race in the Legal Representation of Low-Income Defendants." American Economic Journal: Economic Policy 18 (4): 63–93. DOI: 10.1257/pol.20240685Additional Materials
JEL Classification
- H76 State and Local Government: Other Expenditure Categories
- J15 Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
- K14 Criminal Law
- K42 Illegal Behavior and the Enforcement of Law