IDEAS home Printed from https://ideas.repec.org/a/eee/irlaec/v29y2009i1p8-12.html
   My bibliography  Save this article

Plea bargaining with budgetary constraints

Author

Listed:
  • Mongrain, Steeve
  • Roberts, Joanne

Abstract

In this paper, we construct a simple model that illustrates a perverse effect associated with plea bargaining in which an increase in sanctions can lead to reduced deterrence. This finding is derived from the interaction of binding budgetary constraints and plea bargaining. In an environment with these institutional features, higher sanctions are not always optimal when resources are limited, even if such sanctions are costless. Such potential phenomena may be useful in explaining the fact that many states have introduced limitations on plea bargaining. Prosecutors being concerned with their conviction rates is necessary for such a result to be present.

Suggested Citation

  • Mongrain, Steeve & Roberts, Joanne, 2009. "Plea bargaining with budgetary constraints," International Review of Law and Economics, Elsevier, vol. 29(1), pages 8-12, March.
  • Handle: RePEc:eee:irlaec:v:29:y:2009:i:1:p:8-12
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0144-8188(09)00004-0
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters,in: Essays in the Economics of Crime and Punishment, pages 164-214 National Bureau of Economic Research, Inc.
    2. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, Elsevier.
    3. 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.
    4. Ramseyer, J Mark & Rasmusen, Eric B, 2001. "Why Is the Japanese Conviction Rate So High?," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 53-88, January.
    5. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters,in: Essays in the Economics of Crime and Punishment, pages 55-67 National Bureau of Economic Research, Inc.
    6. Thomas Miceli, 2007. "The Economics of Criminal Procedure," Working papers 2007-24, University of Connecticut, Department of Economics.
    7. Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, Oxford University Press, vol. 11(1), pages 47-78.
    8. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
    9. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    10. Boylan, Richard T & Long, Cheryl X, 2005. "Salaries, Plea Rates, and the Career Objectives of Federal Prosecutors," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 627-651, October.
    11. William M. Landes, 1974. "Legality and Reality: Some Evidence on Criminal Procedure," NBER Working Papers 0040, National Bureau of Economic Research, Inc.
    12. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    13. Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
    14. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    15. Levitt, Steven D. & Miles, Thomas J., 2007. "Empirical Study of Criminal Punishment," Handbook of Law and Economics, Elsevier.
    16. Chris William Sanchirico, 2008. "A Primary-Activity Approach to Proof Burdens," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 273-313, January.
    17. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-757, September.
    18. 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.
    19. Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-1066, October.
    20. 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 353-364, April.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Marceau, Nicolas & Mongrain, Steeve, 1999. "Dissuader le crime : un survol," L'Actualité Economique, Société Canadienne de Science Economique, vol. 75(1), pages 123-147, mars-juin.

    More about this item

    Keywords

    Plea bargaining Budget constraint Crime Prosecutor;

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:29:y:2009:i:1:p:8-12. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dana Niculescu). General contact details of provider: http://www.elsevier.com/locate/irle .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.