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The adverse effect of trial duration on the use of plea bargaining and penal orders in Italy

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  • Gabriele Paolini

    (University of Hamburg
    Erasmus University Rotterdam
    University of Bologna)

Abstract

The average duration of first-instance criminal trials has steadily increased in Italy over the last 20 years. Over the same period, the use of both plea bargaining and penal orders has steadily decreased. This situation contradicts the predictions of the economic models of plea bargaining since longer trials, by imposing higher costs on both prosecutors and defendants, should result in a greater use of trial-avoiding procedures. The phenomenon can be explained by the unique regulation of the Italian statute of limitations: if trials last longer than a certain time threshold, defendants must be acquitted, regardless of the evidence collected against them. Hence, longer trials reduce defendants’ incentives towards the use of trial-avoiding procedures that result in a criminal conviction. In an instrumental variable analysis on a panel of 140 first-instance judicial districts over the period 2005–2021 I find that longer first-instance trials decrease the use of both plea bargaining and penal orders in Italy. The results of the analysis call for a reform of the Italian statute of limitations, considering its perverse effect on defendants’ incentives.

Suggested Citation

  • Gabriele Paolini, 2024. "The adverse effect of trial duration on the use of plea bargaining and penal orders in Italy," European Journal of Law and Economics, Springer, vol. 58(3), pages 551-586, December.
    • Handle: RePEc:kap:ejlwec:v:58:y:2024:i:3:d:10.1007_s10657-024-09826-8
    DOI: 10.1007/s10657-024-09826-8
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    1. Kleibergen, Frank & Paap, Richard, 2006. "Generalized reduced rank tests using the singular value decomposition," Journal of Econometrics, Elsevier, vol. 133(1), pages 97-126, July.
    2. Pinotti, Paolo, 2020. "The credibility revolution in the empirical analysis of crime," CEPR Discussion Papers 14850, C.E.P.R. Discussion Papers.
    3. 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.
    4. Buonanno Paolo & Galizzi Matteo M., 2014. "Advocatus, et non Latro? Testing the Excess of Litigation in the Italian Courts of Justice," Review of Law & Economics, De Gruyter, vol. 10(3), pages 285-322, November.
    5. 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.
    6. Stephen, Frank H. & Fazio, Giorgio & Tata, Cyrus, 2008. "Incentives, criminal defence lawyers and plea bargaining," International Review of Law and Economics, Elsevier, vol. 28(3), pages 212-219, September.
    7. 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.
    8. Craigie, Terry-Ann & Taraz, Vis & Zapryanova, Mariyana, 2023. "Temperature and convictions: evidence from India," Environment and Development Economics, Cambridge University Press, vol. 28(6), pages 538-558, December.
    9. Nuno Garoupa & Frank H Stephen, 2008. "Why plea-bargaining fails to achieve results in so many criminal justice systems: A new framework for assessment," Working Papers 2008-02, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
    10. Peter Grajzl & Katarina Zajc, 2017. "Litigation and the timing of settlement: evidence from commercial disputes," European Journal of Law and Economics, Springer, vol. 44(2), pages 287-319, October.
    11. 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.
    12. 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.
    13. Anthony Heyes & Soodeh Saberian, 2019. "Temperature and Decisions: Evidence from 207,000 Court Cases," American Economic Journal: Applied Economics, American Economic Association, vol. 11(2), pages 238-265, April.
    14. Fenn, Paul & Rickman, Neil, 1999. "Delay and Settlement in Litigation," Economic Journal, Royal Economic Society, vol. 109(457), pages 476-491, July.
    15. Meyer, Jona & Gray, Tara, 1997. "Drunk drivers in the courts: Legal and extra-legal factors affecting pleas and sentences," Journal of Criminal Justice, Elsevier, vol. 25(2), pages 155-163.
    16. Shane Frederick & George Loewenstein & Ted O'Donoghue, 2002. "Time Discounting and Time Preference: A Critical Review," Journal of Economic Literature, American Economic Association, vol. 40(2), pages 351-401, June.
    17. Paolo Pinotti, 2020. "The credibility revolution in the empirical analysis of crime," BAFFI CAREFIN Working Papers 20144, BAFFI CAREFIN, Centre for Applied Research on International Markets Banking Finance and Regulation, Universita' Bocconi, Milano, Italy.
    18. Paolo Pinotti, 2020. "The Credibility Revolution in the Empirical Analysis of Crime," Italian Economic Journal: A Continuation of Rivista Italiana degli Economisti and Giornale degli Economisti, Springer;Società Italiana degli Economisti (Italian Economic Association), vol. 6(2), pages 207-220, July.
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    More about this item

    Keywords

    Plea bargaining; Penal orders; Statute of limitations; Criminal procedure; Law and economics;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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