The Role of Race in the Legal Representation of Low-Income Defendants

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. (JEL H76, J15, K14, K42)

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Publication Details

Journal
American Economic Journal Economic Policy
Published
2026-10-29
DOI
https://doi.org/10.1257/pol.20240685
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
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article

The Role of Race in the Legal Representation of Low-Income Defendants

Maya Mikdash, Suhyeon Oh
American Economic Journal Economic Policy
Criminal Justice and Corrections Analysis
article

The Role of Race in the Legal Representation of Low-Income Defendants

Maya Mikdash, Suhyeon Oh
article en

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. (JEL H76, J15, K14, K42)

American Economic Journal Economic PolicyVol. 18(4)
Louisiana State University (US), University of South Florida (US)
Reduced inequalities, Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Criminal Justice and Corrections Analysis
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