Convictions versus Conviction Rates: The Prosecutor's Choice
AbstractIt is natural to suppose that a prosecutor's conviction rate--the ratio of convictions to cases prosecuted--is a sign of his competence. Prosecutors, however, choose which cases to prosecute. If they prosecute only the strongest cases, they will have high conviction rates. Any system that pays attention to conviction rates, as opposed to the number of convictions, is liable to abuse. As a prosecutor's budget increases, he allocates it between prosecuting more cases and putting more effort into existing cases. Either can be socially desirable, depending on particular circumstances. We model the tradeoffs theoretically in two models, one of a benevolent social planner and one of a prosecutor who values not just the number of convictions but the conviction rate and unrelated personal goals. We apply the model to U.S. data drawn from county-level crime statistics and a survey of all state prosecutors by district. Conviction rates do have a small negative correlation with prosecutorial budgets, but conditioning on other variables in regression analysis, higher budgets are associated both with more prosecutions and higher conviction rates. Copyright 2009, Oxford University Press.
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Bibliographic InfoArticle provided by Oxford University Press in its journal American Law and Economics Review.
Volume (Year): 11 (2009)
Issue (Month): 1 ()
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Other versions of this item:
- Eric Rasmusen & Manu Raghav, & Mark Ramseyer, 2008. "Convictions versus Conviction Rates: The Prosecutor’s Choice," Working Papers 2008-16, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
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- Landes, William M, 1971. "An Economic Analysis of the Courts," Journal of Law and Economics, University of Chicago Press, vol. 14(1), pages 61-107, April.
- Richard T. Boylan, 2005. "What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys," American Law and Economics Review, Oxford University Press, vol. 7(2), pages 379-402.
- J. Mark Ramseyer & Eric Rasmusen, 1999.
"Why Is the Japanese Conviction Rate So High?,"
Law and Economics
- Richard T. Boylan, 2004. "Do the Sentencing Guidelines Influence the Retirement Decisions of Federal Judges?," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 231-253, 01.
- 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.
- George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
- Snyder, Edward A, 1990. "The Effect of Higher Criminal Penalties on Antitrust Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 33(2), pages 439-62, October.
- 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.
- Siddhartha Bandyopadhyay & Bryan C McCannon, 2010. "Prosecutorial Retention: Signaling by Trial," Discussion Papers 10-11, Department of Economics, University of Birmingham.
- Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Effect of the Election of Prosecutors on Criminal Trials," Discussion Papers 11-08, Department of Economics, University of Birmingham.
- Mongrain, Steeve & Roberts, Joanne, 2009.
"Plea bargaining with budgetary constraints,"
International Review of Law and Economics,
Elsevier, vol. 29(1), pages 8-12, March.
- Joanne Roberts & Steeve Mongrain, 2008. "Plea Bargaining with Budgetary Constraints," Working Papers 2008-06, Department of Economics, University of Calgary, revised 29 Jan 2008.
- Steeve Mongrain & Joanne Roberts, 2007. "Plea Bargaining with Budgetary Constraints," Discussion Papers dp07-07, Department of Economics, Simon Fraser University.
- Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Redistricting of Public Prosecutors' Offices," Discussion Papers 11-13, Department of Economics, University of Birmingham.
- Christian Almer & Timo Goeschl, 2011. "The political economy of the environmental criminal justice system: a production function approach," Public Choice, Springer, vol. 148(3), pages 611-630, September.
- James E. Alt & David Dreyer Lassen, 2010. "Enforcement and Public Corruption: Evidence from US States," EPRU Working Paper Series 2010-08, Economic Policy Research Unit (EPRU), University of Copenhagen. Department of Economics.
- Steeve Mongrain & Joanne Roberts, 2009. "Plea Bargaining with Budgetary Constraints," Working Papers 2009-05, Department of Economics, University of Calgary, revised 23 Jan 2009.
- Siddhartha Bandyopadhyay & Bryan C McCannon, 2010. "Re-election Concerns and the Failure of Plea Bargaining," Discussion Papers 10-28, Department of Economics, University of Birmingham.
- Germani, Anna Rita & Morone, Andrea & Morone, Piergiuseppe & Scaramozzino, Pasquale, 2013. "Discretionary enforcement and strategic interactions between firms, regulatory agency and justice department: a theoretical and empirical investigation," MPRA Paper 51369, University Library of Munich, Germany.
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