Re-election Concerns and the Failure of Plea Bargaining
A new explanation for the failure of plea bargaining is provided. It is shown that a retention agent (i.e. median voter) can use convictions at trial as a signal of the quality of a prosecutor. This encourages a public prosecutor to take cases to trial even when both social welfare and her utility (absent the retention motivatiOn) from plea bargaining is higher.
|Date of creation:||Oct 2010|
|Contact details of provider:|| Postal: Edgbaston, Birmingham, B15 2TT|
Web page: http://www.economics.bham.ac.uk
More information through EDIRC
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Siddhartha Bandyopadhyay & Bryan McCannon, 2014.
"The effect of the election of prosecutors on criminal trials,"
Springer, vol. 161(1), pages 141-156, October.
- Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Effect of the Election of Prosecutors on Criminal Trials," Discussion Papers 11-08, Department of Economics, University of Birmingham.
- William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters,in: Essays in the Economics of Crime and Punishment, pages 164-214 National Bureau of Economic Research, Inc.
- Landes, William M, 1971. "An Economic Analysis of the Courts," Journal of Law and Economics, University of Chicago Press, vol. 14(1), pages 61-107, April.
- Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
- Philippe Delacote & Lydie Ancelot, 2009. "Prosecutor and lawyers in plea bargaining with complete information," Economics Bulletin, AccessEcon, vol. 29(3), pages 1925-1932.
- Philippe Delacote & Lydie Ancelot, 2009. "Prosecutor and lawyers in plea bargaining with complete information," Post-Print hal-01072324, HAL.
- Franzoni, Luigi Alberto, 1999. "Negotiated Enforcement and Credible Deterrence," Economic Journal, Royal Economic Society, vol. 109(458), pages 509-535, October.
- Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, Oxford University Press, vol. 11(1), pages 47-78.
- Eric Rasmusen & Manu Raghav, & Mark Ramseyer, 2008. "Convictions versus Conviction Rates: The Prosecutor’s Choice," Working Papers 2008-16, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
- Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," Journal of Law, Economics and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
- Bjerk, David, 2008. "On the role of plea bargaining and the distribution of sentences in the absence of judicial system frictions," International Review of Law and Economics, Elsevier, vol. 28(1), pages 1-7, March.
- Kobayashi, Bruce H. & Lott, John Jr., 1992. "Low-probability-high-penalty enforcement strategies and the efficient operation of the plea-bargaining system," International Review of Law and Economics, Elsevier, vol. 12(1), pages 69-77, March.
- Boari, Nicola & Fiorentini, Gianluca, 2001. "An economic analysis of plea bargaining: the incentives of the parties in a mixed penal system," International Review of Law and Economics, Elsevier, vol. 21(2), pages 213-231, June.
- 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. Full references (including those not matched with items on IDEAS)
When requesting a correction, please mention this item's handle: RePEc:bir:birmec:10-28. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Colin Rowat)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.