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Do prosecutors induce the innocent to plead guilty?

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  • Alexander Lundberg

Abstract

The implications of a strategic model of plea bargaining are threefold. First, plea bargaining unequivocally increases wrongful convictions. Next, partial bans on plea bargaining reduce the frequency of wrongful convictions, and the reduction rises with the strength of the ban. Lastly, police share an important role in minimizing wrongful convictions.

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  • Alexander Lundberg, 2024. "Do prosecutors induce the innocent to plead guilty?," Economic Inquiry, Western Economic Association International, vol. 62(2), pages 650-674, April.
    • Handle: RePEc:bla:ecinqu:v:62:y:2024:i:2:p:650-674
    DOI: 10.1111/ecin.13203
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    1. 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.
    2. Ezra Friedman & Abraham L. Wickelgren, 2010. "Chilling, Settlement, and the Accuracy of the Legal Process," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 26(1), pages 144-157, April.
    3. Schulhofer, Stephen J, 1988. "Criminal Justice Discretion as a Regulatory System," The Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 43-82, January.
    4. Kreps, David M & Wilson, Robert, 1982. "Sequential Equilibria," Econometrica, Econometric Society, vol. 50(4), pages 863-894, July.
    5. Bernardo S. Silveira, 2017. "Bargaining With Asymmetric Information: An Empirical Study of Plea Negotiations," Econometrica, Econometric Society, vol. 85, pages 419-452, March.
    6. 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.
    7. Arpit Gupta & Christopher Hansman & Ethan Frenchman, 2016. "The Heavy Costs of High Bail: Evidence from Judge Randomization," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 471-505.
    8. Bryan C. McCannon, 2013. "Prosecutor Elections, Mistakes, and Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 696-714, December.
    9. Crystal S. Yang, 2016. "Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies," American Economic Journal: Economic Policy, American Economic Association, vol. 8(4), pages 289-332, November.
    10. Andrew F. Daughety & Jennifer F. Reinganum, 2016. "Selecting among Acquitted Defendants: Procedural Choice versus Selective Compensation," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 172(1), pages 113-133.
    11. Abraham L. Wickelgren, 2013. "Law and economics of settlement," Chapters, in: Jennifer H. Arlen (ed.), Research Handbook on the Economics of Torts, chapter 13, pages 330-359, Edward Elgar Publishing.
    12. Png, I. P. L., 1986. "Optimal subsidies and damages in the presence of judicial error," International Review of Law and Economics, Elsevier, vol. 6(1), pages 101-105, June.
    13. 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.
    14. SIDDHARTHA BANDYOPADHYAY & BRYAN C. McCANNON, 2015. "Prosecutorial Retention: Signaling by Trial," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 17(2), pages 219-256, April.
    15. Ramseyer, J Mark & Rasmusen, Eric B, 2001. "Why Is the Japanese Conviction Rate So High?," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 53-88, January.
    16. Will Dobbie & Jacob Goldin & Crystal S. Yang, 2018. "The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges," American Economic Review, American Economic Association, vol. 108(2), pages 201-240, February.
    17. Franzoni, Luigi Alberto, 1999. "Negotiated Enforcement and Credible Deterrence," Economic Journal, Royal Economic Society, vol. 109(458), pages 509-535, October.
    18. Banks, Jeffrey S & Sobel, Joel, 1987. "Equilibrium Selection in Signaling Games," Econometrica, Econometric Society, vol. 55(3), pages 647-661, May.
    19. Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, American Law and Economics Association, vol. 11(1), pages 47-78.
    20. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    21. Emily Leslie & Nolan G. Pope, 2017. "The Unintended Impact of Pretrial Detention on Case Outcomes: Evidence from New York City Arraignments," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 529-557.
    22. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    23. Louis Kaplow, 2011. "On the Optimal Burden of Proof," Journal of Political Economy, University of Chicago Press, vol. 119(6), pages 1104-1140.
    24. Henrik Lando, 2006. "Does Wrongful Conviction Lower Deterrence?," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 327-337, June.
    25. 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.
    26. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-757, September.
    27. Richard T. Boylan, 2005. "What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys," American Law and Economics Review, American Law and Economics Association, vol. 7(2), pages 379-402.
    28. Matteo Rizzolli & Luca Stanca, 2012. "Judicial Errors and Crime Deterrence: Theory and Experimental Evidence," Journal of Law and Economics, University of Chicago Press, vol. 55(2), pages 311-338.
    29. Stephanie Holmes Didwania, 2020. "The Immediate Consequences of Federal Pretrial Detention," American Law and Economics Review, American Law and Economics Association, vol. 22(1), pages 24-74.
    30. 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, American Law and Economics Association, vol. 9(2), pages 305-329.
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