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Homicide trials in Classical Athens

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  • McCannon, Bryan C.

Abstract

Homicide trials in Classical Athens had a unique feature. After the initial evidence was presented the defendant was given the option to go into a self-imposed exile for life losing all protections, rights, and wealth. If the defendant did not go into exile, then the trial continued with additional arguments presented. If the judges voted to convict, the sanction of death was imposed. Given the limited set of feasible sanctions available to the Athenians, it is argued that this institution is effective as it separates some guilty from the innocent. Consequently, fewer innocent are convicted and more guilty are punished.

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  • McCannon, Bryan C., 2010. "Homicide trials in Classical Athens," International Review of Law and Economics, Elsevier, vol. 30(1), pages 46-51, March.
  • Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:46-51
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    References listed on IDEAS

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    1. Lewis, Tracy R & Poitevin, Michel, 1997. "Disclosure of Information in Regulatory Proceedings," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 50-73, April.
    2. Bitros, George C. & Karayiannis, Anastassios D., 2008. "Values and institutions as determinants of entrepreneurship in ancient Athens," Journal of Institutional Economics, Cambridge University Press, vol. 4(2), pages 205-230, August.
    3. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    4. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    5. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
    6. Mehmet Bac & Parimal Kanti Bag, 2003. "All-or-nothing verdict as a screening device," Oxford Economic Papers, Oxford University Press, vol. 55(3), pages 536-559, July.
    7. David Bjerk, 2007. "Guilt Shall Not Escape or Innocence Suffer? The Limits of Plea Bargaining When Defendant Guilt is Uncertain," American Law and Economics Review, Oxford University Press, vol. 9(2), pages 305-329.
    8. Kaiser, Brooks A., 2007. "The Athenian Trierarchy: Mechanism Design for the Private Provision of Public Goods," The Journal of Economic History, Cambridge University Press, vol. 67(2), pages 445-480, June.
    9. Fleck, Robert K & Hanssen, F Andrew, 2006. "The Origins of Democracy: A Model with Application to Ancient Greece," Journal of Law and Economics, University of Chicago Press, vol. 49(1), pages 115-146, April.
    10. Daniel L. Rubinfeld & David E.M. Sappington, 1987. "Efficient Awards and Standards of Proof in Judicial Proceedings," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 308-315, Summer.
    11. Kobayashi, Bruce H. & Lott, John Jr., 1996. "In defense of criminal defense expenditures and plea bargaining," International Review of Law and Economics, Elsevier, vol. 16(4), pages 397-416, December.
    12. 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.
    13. Gerald D. Gay & Martin F. Grace & Jayant R. Kale & Thomas H. Noe, 1989. "Noisy Juries and the Choice of Trial Mode in a Sequential Signalling Game: Theory and Evidence," RAND Journal of Economics, The RAND Corporation, vol. 20(2), pages 196-213, Summer.
    14. Miceli, Thomas J, 1990. "Optimal Prosecution of Defendants Whose Guilt Is Uncertain," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(1), pages 189-201, Spring.
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    Cited by:

    1. Bryan C. McCannon, 2018. "Arbitration in classical Athens," Constitutional Political Economy, Springer, vol. 29(4), pages 413-423, December.
    2. Fleck Robert K. & Hanssen F. Andrew, 2012. "On the Benefits and Costs of Legal Expertise: Adjudication in Ancient Athens," Review of Law & Economics, De Gruyter, vol. 8(2), pages 367-399, October.
    3. McCannon Bryan C., 2012. "The Origin of Democracy in Athens," Review of Law & Economics, De Gruyter, vol. 8(2), pages 531-562, October.
    4. McCannon, Bryan C., 2010. "The median juror and the trial of Socrates," European Journal of Political Economy, Elsevier, vol. 26(4), pages 533-540, December.
    5. Federica Carugati & Josiah Ober & Barry R. Weingast, 2019. "Is development uniquely modern? Ancient Athens on the doorstep," Public Choice, Springer, vol. 181(1), pages 29-47, October.
    6. Bryan C. McCannon, 2017. "Who pays taxes? Liturgies and the Antidosis procedure in Ancient Athens," Constitutional Political Economy, Springer, vol. 28(4), pages 407-421, December.

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