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Accomplice plea bargains in the presence of costly juror effort

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  • Guha, Brishti

Abstract

This is the first paper to study accomplice plea bargains when motivated jurors incur an effort cost. I find that a prosecutor who wishes to ensure punishment for the guilty, and acquittal for the innocent, induces a unique perfect Bayesian equilibrium which is fully separating, simultaneously minimizing court costs as well as jurors' cognitive efforts. In this equilibrium, a very harsh plea bargain (with negligible plea discounting) is offered, and is accepted by all guilty defendants, and rejected by all innocent ones. Though the prosecutor has the ability to induce semi-separating equilibria, he will prefer the fully separating one. We can use the Cho-Kreps intuitive criterion to show that a pooling equilibrium does not exist. My results contrast sharply with the plea bargaining literature which finds a tradeoff between sorting efficiency and the harshness of punishments meted out to the guilty and which does not support a fully separating equilibrium.

Suggested Citation

  • Guha, Brishti, 2023. "Accomplice plea bargains in the presence of costly juror effort," Games and Economic Behavior, Elsevier, vol. 142(C), pages 209-225.
  • Handle: RePEc:eee:gamebe:v:142:y:2023:i:c:p:209-225
    DOI: 10.1016/j.geb.2023.08.003
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    More about this item

    Keywords

    Accomplice plea bargaining; Costly effort; Jury; Free riding; Separating equilibrium;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making

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