The positions taken by prosecutors and defense lawyers on proposed jury instructions on lesser-included offenses provide evidence that juries do not follow the law strictly. This paper develops a simple model of expected utility to predict how jurors make their decisions. The model explains a stylized fact that is inconsistent with the idea that juries always follow the law, namely why prosecutors often object to giving the jury the option of a lesser-included offense. We use the model to evaluate the law concerning jury instructions on primary and lesser-included offenses.
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- Bar-Gill, Oren & Gazal Ayal, Oren, 2006. "Plea Bargains Only for the Guilty," Journal of Law and Economics, University of Chicago Press, vol. 49(1), pages 353-64, April.
- Reinganum, Jennifer F, 1988.
"Plea Bargaining and Prosecutorial Discretion,"
American Economic Review,
American Economic Association, vol. 78(4), pages 713-28, September.
- 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.
- Simonson, Itamar, 1989. " Choice Based on Reasons: The Case of Attraction and Compromise Effects," Journal of Consumer Research, University of Chicago Press, vol. 16(2), pages 158-74, September.
- James Andreoni, 1991.
"Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?,"
RAND Journal of Economics,
The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
- Mats Persson & Claes-Henric Siven, 2007. "The Becker Paradox And Type I Versus Type Ii Errors In The Economics Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 48(1), pages 211-233, 02.
- Tversky, Amos & Kahneman, Daniel, 1991. "Loss Aversion in Riskless Choice: A Reference-Dependent Model," The Quarterly Journal of Economics, MIT Press, vol. 106(4), pages 1039-61, November.
- Richard T. Boylan, 2005. "What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys," American Law and Economics Review, Oxford University Press, vol. 7(2), pages 379-402.
- Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September.
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