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Prosecutorial Retention: Signaling by Trial

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  • Siddhartha Bandyopadhyay
  • Bryan C McCannon

Abstract

We examine how retention motives affect prosecutor behaviour under different evaluation criteria. In particular, we analyze how prosecutors of differing capabilities respond in choosing which cases to take to trail and which to plea bargain. We show how different criteria distort the mix of cases chosen for trail and that the direction of the distortion depends crucially on the evaluation tool used. Optimal evaluation metrics are derived that combine multiple signals of performance and are shown to achieve the first-best outcome.

Suggested Citation

  • Siddhartha Bandyopadhyay & Bryan C McCannon, 2010. "Prosecutorial Retention: Signaling by Trial," Discussion Papers 10-11, Department of Economics, University of Birmingham.
    • Handle: RePEc:bir:birmec:10-11
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    Cited by:

    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. Yahagi, Ken & Yamaguchi, Yohei, 2023. "Law enforcement with rent-seeking government under voting pressure," International Review of Law and Economics, Elsevier, vol. 73(C).
    3. Siddhartha Bandyopadhyay & Manaswini Bhalla & Kalysan Chatterjee & Jaideep Roy, 2014. "Ideological Dissent in Downsian Politics," Discussion Papers 14-04, Department of Economics, University of Birmingham.
    4. Bryan C. McCannon, 2024. "Alaska's ban on sentence bargaining," Contemporary Economic Policy, Western Economic Association International, vol. 42(1), pages 110-119, January.
    5. Daniel D. Bonneau & Joshua C. Hall, 2024. "The impact of new prison construction on the likelihood of incarceration," American Journal of Economics and Sociology, Wiley Blackwell, vol. 83(1), pages 199-222, January.
    6. Jamie Bologna Pavlik, 2017. "Political importance and its relation to the federal prosecution of public corruption," Constitutional Political Economy, Springer, vol. 28(4), pages 346-372, December.
    7. Siddhartha Bandyopadhyay & Bryan C McCannon, 2014. "Queuing Up For Justice: Elections and Case Backlogs," Discussion Papers 14-10, Department of Economics, University of Birmingham.
    8. Bryan C. McCannon & Joylynn Pruitt, 2018. "Taking on the boss: Informative contests in prosecutor elections," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 20(5), pages 657-671, October.
    9. Yohei Yamaguchi & Ken Yahagi, 2024. "Law enforcement and political misinformation," Journal of Theoretical Politics, , vol. 36(1), pages 3-36, January.
    10. Bryan C. McCannon, 2021. "Informational value of challenging an incumbent prosecutor," Southern Economic Journal, John Wiley & Sons, vol. 88(2), pages 568-586, October.
    11. DeAngelo Gregory & McCannon Bryan C., 2016. "Public Outcry and Police Behavior," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 16(2), pages 619-645, April.
    12. Siddhartha Bandyopadhyay & Bryan C McCannon, 2011. "The Redistricting of Public Prosecutors' Offices," Discussion Papers 11-13, Department of Economics, University of Birmingham.
    13. Claudio Detotto & Bryan C. McCannon, 2017. "Economic freedom and public, non-market institutions: evidence from criminal prosecution," Economics of Governance, Springer, vol. 18(2), pages 107-128, May.
    14. DeAngelo, Gregory & McCannon, Bryan C. & Stockham, Morgan, 2023. "District attorney compensation and performance," International Review of Law and Economics, Elsevier, vol. 73(C).
    15. Alexander Lundberg, 2024. "Do prosecutors induce the innocent to plead guilty?," Economic Inquiry, Western Economic Association International, vol. 62(2), pages 650-674, April.
    16. Bryan McCannon, 2011. "The distortion of criminal evidence," Journal of Economic Policy Reform, Taylor & Francis Journals, vol. 14(1), pages 59-67.
    17. Gregory DeAngelo & Bryan C. McCannon, 2019. "Political competition in judge and prosecutor elections," European Journal of Law and Economics, Springer, vol. 48(2), pages 167-193, October.
    18. Bandyopadhyay, Siddhartha & Bhalla, Manaswini & Chatterjee, Kalyan & Roy, Jaideep, 2017. "Strategic dissent in the Hotelling–Downs model with sequential entry and private information," Research in Economics, Elsevier, vol. 71(1), pages 51-66.

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    More about this item

    Keywords

    plea bargaining; prosecutor evaluation; retention; signaling;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

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