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Exoneree Compensation and Endogenous Plea Bargaining: Theory and Experiment

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  • Chulyoung Kim
  • Sang-Hyun Kim

Abstract

We study how plea-bargaining behaviors may respond to a change in two important policy variables in criminal law: the level of exoneree compensation and the accuracy of the exoneration process. Confirming the theoretical predictions, we experimentally find that prosecutor subjects make more lenient plea-bargaining offers in response to higher exoneree compensation, and less lenient offers in response to higher exoneration accuracy. We also find that defendant subjects do not directly respond to a variation in exoneree compensation, and are less likely to plead guilty when exoneration accuracy is lower, the effect being significantly stronger for guilty defendants.

Suggested Citation

  • Chulyoung Kim & Sang-Hyun Kim, 2021. "Exoneree Compensation and Endogenous Plea Bargaining: Theory and Experiment," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 177(1), pages 28-55.
    • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2020-0048
    DOI: 10.1628/jite-2020-0048
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    Keywords

    exoneree compensation; plea bargain; wrongful conviction; exoneration process;
    All these keywords.

    JEL classification:

    • C92 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Group Behavior
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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