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Analyse économique du plaider coupable

Author

Listed:
  • Lydie Ancelot
  • Myriam Doriat-Duban

Abstract

In France, the comparution sur reconnaissance préalable de culpabilité (crpc) was introduced in 2004. This “French” plea bargaining caused many fears, in particular of an “Americanization” of French justice. In the United-States, economists fed the debate and showed that sentencing guidelines and the budget of the prosecutor affects the effectiveness of plea bargaining. This paper gives an overview of the literature focusing on two aspects: the revelation of information (to identify the guilty and avoid sentencing the innocent) and deterrence. We show that the literature on plea bargaining is at the crossroad of the economics of conflicts and the economics of crime. Classification JEL : K14, K31, K4

Suggested Citation

  • Lydie Ancelot & Myriam Doriat-Duban, 2010. "Analyse économique du plaider coupable," Revue économique, Presses de Sciences-Po, vol. 61(2), pages 237-261.
  • Handle: RePEc:cai:recosp:reco_612_0237
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    More about this item

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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