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Deterrence with Multiple Defendants: An Explanation for "Unfair" Plea Bargains

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Author Info
Bruce H. Kobayashi

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Abstract

This article examines plea bargaining where there are multiple defendants facing a prosecutor. The prosecutor's optimal offer to each defendant is shown to depend upon the following two factors: (i) the defendant's ex ante probability of conviction, and (ii) the defendant's ability to increase his co-conspirator's probability of conviction. Furthermore, if the ex ante probability of conviction is positively correlated with a defendant's ability to raise his co-conspirator's probability of conviction, a plea bargain that gives the most culpable defendant the lowest penalty can maximize deterrence.

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File URL: http://links.jstor.org/sici?sici=0741-6261%28199224%2923%3A4%3C507%3ADWMDAE%3E2.0.CO%3B2-S&origin=repec
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Publisher Info
Article provided by The RAND Corporation in its journal RAND Journal of Economics.

Volume (Year): 23 (1992)
Issue (Month): 4 (Winter)
Pages: 507-517
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Handle: RePEc:rje:randje:v:23:y:1992:i:winter:p:507-517

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  1. Sandeep Dahiya & David Yermack, 1999. "Wealth Creation and Destruction from Brooke Group's Tobacco Litigation Strategy," New York University, Leonard N. Stern School Finance Department Working Paper Seires 99-050, New York University, Leonard N. Stern School of Business-. [Downloadable!]
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