Re-election Concerns and the Failure of Plea Bargaining
AbstractA new explanation for the failure of plea bargaining is provided. It is shown that a retention agent (i.e. median voter) can use convictions at trial as a signal of the quality of a prosecutor. This encourages a public prosecutor to take cases to trial even when both social welfare and her utility (absent the retention motivatiOn) from plea bargaining is higher.
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Bibliographic InfoPaper provided by Department of Economics, University of Birmingham in its series Discussion Papers with number 10-28.
Length: 12 pages
Date of creation: Oct 2010
Date of revision:
plea bargaining; prosecutor evaluation; signaling;
Find related papers by JEL classification:
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
This paper has been announced in the following NEP Reports:
- NEP-ALL-2010-11-27 (All new papers)
- NEP-CDM-2010-11-27 (Collective Decision-Making)
- NEP-LAW-2010-11-27 (Law & Economics)
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- 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.
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- Bjerk, David, 2008. "On the role of plea bargaining and the distribution of sentences in the absence of judicial system frictions," International Review of Law and Economics, Elsevier, vol. 28(1), pages 1-7, March.
- Kobayashi, Bruce H. & Lott, John Jr., 1992. "Low-probability-high-penalty enforcement strategies and the efficient operation of the plea-bargaining system," International Review of Law and Economics, Elsevier, vol. 12(1), pages 69-77, March.
- Mark Ramseyer, 2009.
"Convictions versus Conviction Rates: The Prosecutor's Choice,"
American Law and Economics Review,
Oxford University Press, vol. 11(1), pages 47-78.
- 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.
- 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.
- Philippe Delacote & Lydie Ancelot, 2009. "Prosecutor and lawyers in plea bargaining with complete information," Economics Bulletin, AccessEcon, vol. 29(3), pages 1925-1932.
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