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Information suppression by teams and violations of the Brady rule

Author

Listed:
  • Andrew F. Daughety

    (Vanderbilt University)

  • Jennifer F. Reinganum

    (Vanderbilt University)

Abstract

We develop a model of individual prosecutors (and teams of prosecutors) and show how, in equilibrium, team-formation can lead to increased incentives to suppress evidence (relative to those faced by a lone prosecutor). Our model assumes that each individual prosecutor is characterized by a variable that captures that individual's level of tradeoff between a desire for career advancement (by winning a case) and a disutility for unjustly convicting an innocent defendant by suppressing exculpatory evidence. We assume a population of prosecutors that is heterogenous with respect to this tradeoff rate, and each individual's tradeoff rate is their own private information. A convicted defendant may later discover the exculpatory information; a judge will then void the conviction and may order an investigation. If the prosecutor is found to have violated the defendant's Brady rights (to exculpatory evidence), this results in penalizing the prosecutor. The payoff from winning a case is a public good (among the team members) while any penalties are private bads. The anticipated game between the prosecutors and the judge is the main focus of this paper. The decision to investigate a sole prosecutor, or a team of prosecutors, is determined endogenously. We show that the equilibrium assignment of roles within the team involves concentration of authority about suppressing/disclosing evidence.

Suggested Citation

  • Andrew F. Daughety & Jennifer F. Reinganum, 2017. "Information suppression by teams and violations of the Brady rule," Vanderbilt University Department of Economics Working Papers 17-00001, Vanderbilt University Department of Economics.
    • Handle: RePEc:van:wpaper:vuecon-sub-17-00001
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    References listed on IDEAS

    as
    1. Bryan C. McCannon, 2013. "Prosecutor Elections, Mistakes, and Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 696-714, December.
    2. Nuno Garoupa & Matteo Rizzolli, 2011. "The Brady Rule May Hurt the Innocent," American Law and Economics Review, Oxford University Press, vol. 13(1), pages 168-200.
    3. 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.
    4. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    5. David Dranove & Ginger Zhe Jin, 2010. "Quality Disclosure and Certification: Theory and Practice," Journal of Economic Literature, American Economic Association, vol. 48(4), pages 935-963, December.
    6. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Evidence suppression; prosecutorial misconduct; disclosure; team organization;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • D8 - Microeconomics - - Information, Knowledge, and Uncertainty

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