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Judicial Mechanism Design

Author

Listed:
  • Ron Siegel
  • Bruno Strulovici

Abstract

This paper proposes a mechanism-design approach to study criminal justice systems. We derive properties of optimal mechanisms for two notions of welfare distinguished by their treatment of deterrence. These properties provide insights into the effects of defendants' private information about their guilt; highlight forces that may underlie certain features of existing systems, such as plea bargaining and binary verdicts and the separation of fact-finding and sentencing; and indicate directions for possible improvements of criminal trials, such as varying the standard for conviction across crimes.

Suggested Citation

  • Ron Siegel & Bruno Strulovici, 2023. "Judicial Mechanism Design," American Economic Journal: Microeconomics, American Economic Association, vol. 15(3), pages 243-270, August.
  • Handle: RePEc:aea:aejmic:v:15:y:2023:i:3:p:243-70
    DOI: 10.1257/mic.20220100
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    More about this item

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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