Society Versus Jury: A Case for Limiting Behavior
We model a simple justice system in which a jury is mandated by society to assess the guilt and the punishment of an accused. Jurors are assumed to be almost perfect representatives of society, but they ignore the cost to society of implementing the sentence. As a result the jury is shown to condemn more often and to higher penalties than society would find it optimal. We show that imposing upper and lower limits to penalties helps to align the jury's objective with society's.
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- Rasmusen, Eric, 1995. "How optimal penalties change with the amount of harm," International Review of Law and Economics, Elsevier, vol. 15(1), pages 101-108, January.
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NBER Working Papers
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- Timothy Feddersen & Wolfgang Pesendorfer, 1996. "Convicting the Innocent: The Inferiority of Unanimous Jury Verdicts," Discussion Papers 1170, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
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