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Plea bargaining with budgetary constraints

  • Mongrain, Steeve
  • Roberts, Joanne

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.

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Article provided by Elsevier in its journal International Review of Law and Economics.

Volume (Year): 29 (2009)
Issue (Month): 1 (March)
Pages: 8-12

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Handle: RePEc:eee:irlaec:v:29:y:2009:i:1:p:8-12
Contact details of provider: Web page: http://www.elsevier.com/locate/irle

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