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Bayesian Juries and The Limits to Deterrence

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  • Ezra Friedman
  • Abraham L. Wickelgren

Abstract

We consider a model of crime with rational Bayesian Jurors. We find that if jurors are not perfectly informed, even when there is no limit to the size of the punishment that can be imposed, it is not possible to deter all crime. There is a finite lower bound on the crime rate which results from the difficulties in achieving a conviction with imperfect evidence and very low crime rates. Crime can not be reduced below this rate by increasing the penalty, but the lower bound can be decreased by improving the quality of evidence presented to jurors, or by increasing the threshold of evidence necessary for prosecution. Copyright 2006, Oxford University Press.

Suggested Citation

  • 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.
    • Handle: RePEc:oup:jleorg:v:22:y:2006:i:1:p:70-86
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    File URL: http://hdl.handle.net/10.1093/jleo/ewj007
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    Cited by:

    1. McCannon, Bryan C., 2010. "Homicide trials in Classical Athens," International Review of Law and Economics, Elsevier, vol. 30(1), pages 46-51, March.
    2. Alexander Lundberg, 2024. "Do prosecutors induce the innocent to plead guilty?," Economic Inquiry, Western Economic Association International, vol. 62(2), pages 650-674, April.
    3. Bjerk, David J. & Helland, Eric, 2017. "Using a Ratio Test to Estimate Racial Differences in Wrongful Conviction Rates," IZA Discussion Papers 10631, Institute of Labor Economics (IZA).
    4. Bryan C. McCannon & Zachary Porreca, 2025. "The right to counsel: criminal prosecution in 19th century London," Economica, London School of Economics and Political Science, vol. 92(365), pages 285-321, January.
    5. Yves Oytana, 2014. "The Judicial Expert in a Two-Tier Hierarchy," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 170(3), pages 537-570, September.
    6. Baker, Matthew J. & Miceli, Thomas J., 2021. "Crime, credible enforcement, and multiple equilibria," International Review of Law and Economics, Elsevier, vol. 68(C).
    7. Marselli, Riccardo & McCannon, Bryan C. & Vannini, Marco, 2015. "Bargaining in the shadow of arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 117(C), pages 356-368.
    8. Sylvain Bourjade & Patrick Rey & Paul Seabright, 2009. "Private Antitrust Enforcement In The Presence Of Pre‐Trial Bargaining," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 372-409, September.
    9. Guha Brishti, 2020. "Pretrial Beliefs and Verdict Accuracy: Costly Juror Effort and Free Riding," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 20(2), pages 1-9, June.
    10. Campos, Sergio J. & Cotton, Christopher S. & Li, Cheng, 2015. "Deterrence effects under Twombly: On the costs of increasing pleading standards in litigation," International Review of Law and Economics, Elsevier, vol. 44(C), pages 61-71.
    11. 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.
    12. Lando, Henrik & Mungan, Murat C., 2018. "The effect of type-1 error on deterrence," International Review of Law and Economics, Elsevier, vol. 53(C), pages 1-8.
    13. Tsakas, Elias, 2016. "Reasonable doubt revisited," Research Memorandum 017, Maastricht University, Graduate School of Business and Economics (GSBE).
    14. 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.
    15. Bourjade, Sylvain, 2009. "The role of private litigation in antitrust enforcement," MPRA Paper 34818, University Library of Munich, Germany.
    16. David Bjerk, 2021. "Socially Optimal Plea Bargaining With Costly Trials And Bayesian Juries," Economic Inquiry, Western Economic Association International, vol. 59(1), pages 263-279, January.

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