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Prosecutorial Retention: Signaling by Trial

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  • Siddhartha Bandyopadhyay
  • Bryan C McCannon

Abstract

We examine how retention motives affect prosecutor behaviour under different evaluation criteria. In particular, we analyze how prosecutors of differing capabilities respond in choosing which cases to take to trail and which to plea bargain. We show how different criteria distort the mix of cases chosen for trail and that the direction of the distortion depends crucially on the evaluation tool used. Optimal evaluation metrics are derived that combine multiple signals of performance and are shown to achieve the first-best outcome.

Suggested Citation

  • Siddhartha Bandyopadhyay & Bryan C McCannon, 2010. "Prosecutorial Retention: Signaling by Trial," Discussion Papers 10-11, Department of Economics, University of Birmingham.
  • Handle: RePEc:bir:birmec:10-11
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    Cited by:

    1. repec:bla:jpbect:v:20:y:2018:i:5:p:657-671 is not listed on IDEAS
    2. Siddhartha Bandyopadhyay & Bryan C McCannon, 2014. "Queuing Up For Justice: Elections and Case Backlogs," Discussion Papers 14-10, Department of Economics, University of Birmingham.
    3. repec:kap:ejlwec:v:48:y:2019:i:2:d:10.1007_s10657-019-09624-7 is not listed on IDEAS
    4. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    5. Claudio Detotto & Bryan C. McCannon, 2017. "Economic freedom and public, non-market institutions: evidence from criminal prosecution," Economics of Governance, Springer, vol. 18(2), pages 107-128, May.
    6. Siddhartha Bandyopadhyay & Manaswini Bhalla & Kalysan Chatterjee & Jaideep Roy, 2014. "Ideological Dissent in Downsian Politics," Discussion Papers 14-04, Department of Economics, University of Birmingham.
    7. Bryan McCannon, 2011. "The distortion of criminal evidence," Journal of Economic Policy Reform, Taylor & Francis Journals, vol. 14(1), pages 59-67.
    8. repec:kap:copoec:v:28:y:2017:i:4:d:10.1007_s10602-017-9243-0 is not listed on IDEAS
    9. Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Redistricting of Public Prosecutors' Offices," Discussion Papers 11-13, Department of Economics, University of Birmingham.
    10. DeAngelo Gregory & McCannon Bryan C., 2016. "Public Outcry and Police Behavior," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 16(2), pages 619-645, April.

    More about this item

    Keywords

    plea bargaining; prosecutor evaluation; retention; signaling;

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

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