Chinese Criminal Trials by Ni He

Author:Ni He
Language: eng
Format: epub
Publisher: Springer New York, New York, NY

5.5 Summary and Conclusion

With regard to how criminal defendants are represented and tried in J Province Basic People’s courts, the first lesson learned is that the majority of criminal defendants did not receive any legal representation. Responses from the survey of criminal justice practitioners (including defense attorneys) suggest that criminal defendants do not hire a lawyer for two major reasons: either they cannot afford one (78.8 %) or they are ambivalent about the usefulness or effectiveness of an attorney (61.5 %). The overall rate of criminal legal representation in J Province is about 40 %, higher than that of 30 % estimated for China as a whole. However, in less developed regions of the Province (six out of the nine prefectures), the average rate of legal representation is substantially lower; especially in property crime cases (9 %). In cases where a defendant does hire an attorney (or is eligible to receive a court appointed attorney), findings from the study provide insights on why attorneys have not been more effective in criminal trials:Defense attorneys were not involved in the early stage of (police) criminal investigation

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