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The Role of Prosecutor's Incentives in Creating Congestion in Criminal Courts

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  • Shamir Noam

    (Stanford University)

  • Shamir Julia

    (Northwestern University)

Abstract

While much legal research has examined the problem of court delays and backlogs, the link between the prosecutor’s incentives to press charges and the subsequent effect on congestion in the criminal justice system has remained largely overlooked. To understand the implications of such decisions for court congestion, we model prosecutor incentives using queuing theory. We demonstrate that a benevolent decision-maker weighs the trade-off between the desire to increase the volume of cases reaching the court in order to convict the guilty and the delay costs that are due to the length of court proceedings. Using two prosecutorial incentive schemes that have previously been identified in the literature—the conviction rate and the total number of convictions—we find that a prosecutor who is acting to increase his own utility would deviate from charging the socially-desired number of cases. Following these negative results, we design a mechanism that induces the prosecutor to press charges in the socially-optimal number of cases. Also new in this paper is the methodology of using queuing theory in conjunction with issues of court delay and prosecution incentives. While thus far this tool has been widely applied in other disciplines of economics research, to the best of our knowledge, this is the first attempt to utilize this method in issues related to court congestion.

Suggested Citation

  • Shamir Noam & Shamir Julia, 2012. "The Role of Prosecutor's Incentives in Creating Congestion in Criminal Courts," Review of Law & Economics, De Gruyter, vol. 8(3), pages 579-618, December.
    • Handle: RePEc:bpj:rlecon:v:8:y:2012:i:3:p:579-618:n:9
    DOI: 10.1515/1555-5879.1637
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    References listed on IDEAS

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    1. Barzel, Yoram, 1974. "A Theory of Rationing by Waiting," Journal of Law and Economics, University of Chicago Press, vol. 17(1), pages 73-95, April.
    2. Harnay, Sophie & Marciano, Alain, 2003. "Judicial conformity versus dissidence: an economic analysis of judicial precedent," International Review of Law and Economics, Elsevier, vol. 23(4), pages 405-420, December.
    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. Andrew Torre, 2003. "The Impact of Court Delays on the Prosecutor and the Defendant: An Economic Analysis," European Journal of Law and Economics, Springer, vol. 16(1), pages 91-111, July.
    5. Gordon, Sanford C., 2009. "Assessing Partisan Bias in Federal Public Corruption Prosecutions," American Political Science Review, Cambridge University Press, vol. 103(4), pages 534-554, November.
    6. Polinsky, A Mitchell & Shavell, Steven, 1999. "On the Disutility and Discounting of Imprisonment and the Theory of Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 1-16, January.
    7. Champion, Dean J., 1989. "Private counsels and public defenders: A look at weak cases, prior records, and leniency in plea bargaining," Journal of Criminal Justice, Elsevier, vol. 17(4), pages 253-263.
    8. Daniel, Joseph I, 1995. "Congestion Pricing and Capacity of Large Hub Airports: A Bottleneck Model with Stochastic Queues," Econometrica, Econometric Society, vol. 63(2), pages 327-370, March.
    9. Timothy Besley & Stephen Coate, 2003. "Elected Versus Appointed Regulators: Theory and Evidence," Journal of the European Economic Association, MIT Press, vol. 1(5), pages 1176-1206, September.
    10. 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 627-651, October.
    11. Jennifer Reinganum, 2000. "Sentencing Guidelines, Judicial Discretion, and Plea Bargaining," RAND Journal of Economics, The RAND Corporation, vol. 31(1), pages 62-81, Spring.
    12. Miceli, Thomas J, 1990. "Optimal Prosecution of Defendants Whose Guilt Is Uncertain," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(1), pages 189-201, Spring.
    13. Lode Vereeck & Manuela Mühl, 2000. "An Economic Theory of Court Delay," European Journal of Law and Economics, Springer, vol. 10(3), pages 243-268, November.
    14. Davidson, Carl, 1988. "Equilibrium in Servicing Industries: An Economic Application of Queuing Theory," The Journal of Business, University of Chicago Press, vol. 61(3), pages 347-367, July.
    15. Gregory A. Huber & Sanford C. Gordon, 2004. "Accountability and Coercion: Is Justice Blind when It Runs for Office?," American Journal of Political Science, John Wiley & Sons, vol. 48(2), pages 247-263, April.
    16. Lupia,Arthur & McCubbins,Mathew D., 1998. "The Democratic Dilemma," Cambridge Books, Cambridge University Press, number 9780521585934, January.
    17. Lupia,Arthur & McCubbins,Mathew D., 1998. "The Democratic Dilemma," Cambridge Books, Cambridge University Press, number 9780521584487, January.
    18. Listokin, Yair, 2002. "Efficient Time Bars: A New Rationale for the Existence of Statutes of Limitations in Criminal Law," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 99-118, January.
    19. Gad Allon & Awi Federgruen, 2009. "Competition in Service Industries with Segmented Markets," Management Science, INFORMS, vol. 55(4), pages 619-634, April.
    20. Di Vita, Giuseppe, 2010. "Production of laws and delays in court decisions," International Review of Law and Economics, Elsevier, vol. 30(3), pages 276-281, September.
    21. Lupia, Arthur, 1992. "Busy Voters, Agenda Control, and the Power of Information," American Political Science Review, Cambridge University Press, vol. 86(2), pages 390-403, June.
    22. Echazu, Luciana & Garoupa, Nuno, 2012. "Why not adopt a loser-pays-all rule in criminal litigation?," International Review of Law and Economics, Elsevier, vol. 32(2), pages 233-241.
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