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Homicide trials in Classical Athens

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  • McCannon, Bryan C.

Abstract

Homicide trials in Classical Athens had a unique feature. After the initial evidence was presented the defendant was given the option to go into a self-imposed exile for life losing all protections, rights, and wealth. If the defendant did not go into exile, then the trial continued with additional arguments presented. If the judges voted to convict, the sanction of death was imposed. Given the limited set of feasible sanctions available to the Athenians, it is argued that this institution is effective as it separates some guilty from the innocent. Consequently, fewer innocent are convicted and more guilty are punished.

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Bibliographic Info

Article provided by Elsevier in its journal International Review of Law and Economics.

Volume (Year): 30 (2010)
Issue (Month): 1 (March)
Pages: 46-51

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Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:46-51

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Web page: http://www.elsevier.com/locate/irle

Related research

Keywords: Classical Athens Exile Homicide Jury decisionmaking Sanction;

References

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  1. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," Journal of Law, Economics and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
  2. Reinganum, Jennifer F., 1986. "Plea Bargaining and Prosecutorial Discretion," Working Papers 616, California Institute of Technology, Division of the Humanities and Social Sciences.
  3. Lewis, T. & Poitevin, M., 1994. "Disclosure of Information in regulatory Proceedings," Cahiers de recherche 9414, Centre interuniversitaire de recherche en ├ęconomie quantitative, CIREQ.
  4. David Bjerk, 2007. "Guilt Shall Not Escape or Innocence Suffer? The Limits of Plea Bargaining When Defendant Guilt is Uncertain," American Law and Economics Review, Oxford University Press, vol. 9(2), pages 305-329.
  5. Daniel L. Rubinfeld & David E.M. Sappington, 1987. "Efficient Awards and Standards of Proof in Judicial Proceedings," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 308-315, Summer.
  6. Kaiser, Brooks A., 2007. "The Athenian Trierarchy: Mechanism Design for the Private Provision of Public Goods," The Journal of Economic History, Cambridge University Press, vol. 67(02), pages 445-480, June.
  7. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September.
  8. Mehmet Bac & Parimal Kanti Bag, 2003. "All-or-nothing verdict as a screening device," Oxford Economic Papers, Oxford University Press, vol. 55(3), pages 536-559, July.
  9. Gerald D. Gay & Martin F. Grace & Jayant R. Kale & Thomas H. Noe, 1989. "Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence," RAND Journal of Economics, The RAND Corporation, vol. 20(2), pages 196-213, Summer.
  10. Bitros, George C. & Karayiannis, Anastassios D., 2008. "Values and institutions as determinants of entrepreneurship in ancient Athens," Journal of Institutional Economics, Cambridge University Press, vol. 4(02), pages 205-230, August.
  11. Fleck, Robert K & Hanssen, F Andrew, 2006. "The Origins of Democracy: A Model with Application to Ancient Greece," Journal of Law and Economics, University of Chicago Press, vol. 49(1), pages 115-46, April.
  12. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," Journal of Law, Economics and Organization, Oxford University Press, vol. 17(1), pages 149-67, April.
  13. Miceli, Thomas J, 1990. "Optimal Prosecution of Defendants Whose Guilt Is Uncertain," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(1), pages 189-201, Spring.
  14. Kobayashi, Bruce H. & Lott, John Jr., 1996. "In defense of criminal defense expenditures and plea bargaining," International Review of Law and Economics, Elsevier, vol. 16(4), pages 397-416, December.
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Cited by:
  1. McCannon, Bryan C., 2010. "The median juror and the trial of Socrates," European Journal of Political Economy, Elsevier, vol. 26(4), pages 533-540, December.

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