Plea Bargaining with Budgetary Constraints
In this paper, we construct a simple model that illustrates a perverse effect associated with plea bargaining in which an increase in sanctions can lead to reduced deterrence. This finding is derived from the interaction of binding budgetary constraints and plea bargaining. In an environment with these institutional features, higher sanctions are not always optimal when resources are limited, even if such sanctions are costless. Such potential phenomena may be useful in explaining the fact that many states have introduced limitations on plea bargaining. Prosecutors being concerned with their conviction rates is necessary for such a result to be present.
(This abstract was borrowed from another version of this item.)
To our knowledge, this item is not available for
download. To find whether it is available, there are three
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
|Date of creation:||29 Jan 2008|
|Date of revision:||29 Jan 2008|
|Contact details of provider:|| Postal: |
Phone: (403) 220-5857
Fax: (403) 282-5262
Web page: http://econ.ucalgary.ca/
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.:
- Levitt, Steven D. & Miles, Thomas J., 2007. "Empirical Study of Criminal Punishment," Handbook of Law and Economics, Elsevier.
- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- 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.
- Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-66, October.
- Thomas Miceli, 2007. "The Economics of Criminal Procedure," Working papers 2007-24, University of Connecticut, Department of Economics.
- George J. Stigler, 1974.
"The Optimum Enforcement of Laws,"
in: Essays in the Economics of Crime and Punishment, pages 55-67
National Bureau of Economic Research, Inc.
- William M. Landes, 1974. "Legality and Reality: Some Evidence on Criminal Procedure," NBER Working Papers 0040, National Bureau of Economic Research, Inc.
- A. Mitchell Polinsky & Steven Shavell, 2005.
"The Theory of Public Enforcement of Law,"
NBER Working Papers
11780, National Bureau of Economic Research, Inc.
- Boylan, Richard T & Long, Cheryl X, 2005. "Salaries, Plea Rates, and the Career Objectives of Federal Prosecutors," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 627-51, October.
- Chris William Sanchirico, 2008. "A Primary-Activity Approach to Proof Burdens," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 273-313, 01.
- Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September.
- repec:att:wimass:8908 is not listed on IDEAS
- 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 149-67, April.
- Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
- Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
- J. Mark Ramseyer & Eric Rasmusen, 1999.
"Why Is the Japanese Conviction Rate So High?,"
Law and Economics
- George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
- Bar-Gill, Oren & Gazal Ayal, Oren, 2006. "Plea Bargains Only for the Guilty," Journal of Law and Economics, University of Chicago Press, vol. 49(1), pages 353-64, April.
- 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.
- Richard T. Boylan, 2005. "What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys," American Law and Economics Review, Oxford University Press, vol. 7(2), pages 379-402.
- James Andreoni, 1991.
"Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?,"
RAND Journal of Economics,
The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
When requesting a correction, please mention this item's handle: RePEc:clg:wpaper:2008-06. 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: (May Ives)
If references are entirely missing, you can add them using this form.