IDEAS home Printed from https://ideas.repec.org/p/ecm/wc2000/0089.html
   My bibliography  Save this paper

Size, Monitoring and Plea Rate: An Examination of United States Attorneys

Author

Listed:
  • Richard Boylan

    (Washington University)

  • Cheryl Xiaoning Long

    (Washington University)

Abstract

A theoretical model relates case mix, staffing, and monitoring to the likelihood of a plea agreement. Analysis of federal drug trafficking cases in fiscal years 1993 through 1996 leads to the following conclusions: There are fewer pleas in districts that are understaffed and are facing more severe crimes. Further, there are fewer pleas in United States Attorney districts with many or with few prosecutors, and there are more pleas in United States Attorney districts with an average number of prosecutors. The explanation for the latter results is that prosecutors may take cases to trial to acquire human capital unless they are closely monitored. Estimation of the monitoring technology shows that it exhibits increasing returns to scale for small districts, and decreasing returns to scale for large districts. Given such a monitoring technology, the relationship between the number of prosecutors and the level of monitoring is consistent with an optimal allocation of resources between monitoring and prosecution.

Suggested Citation

  • Richard Boylan & Cheryl Xiaoning Long, 2000. "Size, Monitoring and Plea Rate: An Examination of United States Attorneys," Econometric Society World Congress 2000 Contributed Papers 0089, Econometric Society.
  • Handle: RePEc:ecm:wc2000:0089
    as

    Download full text from publisher

    File URL: http://fmwww.bc.edu/RePEc/es2000/0089.pdf
    File Function: main text
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-728, September.
    2. Gary S. Becker & Kevin M. Murphy, 1994. "The Division of Labor, Coordination Costs, and Knowledge," NBER Chapters, in: Human Capital: A Theoretical and Empirical Analysis with Special Reference to Education, Third Edition, pages 299-322, National Bureau of Economic Research, Inc.
    3. Brown, Charles & Medoff, James, 1989. "The Employer Size-Wage Effect," Journal of Political Economy, University of Chicago Press, vol. 97(5), pages 1027-1059, October.
    4. 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.
    5. Joseph Farrell & Suzanne Scotchmer, 1988. "Partnerships," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 103(2), pages 279-297.
    6. Hay, Bruce L, 1995. "Effort, Information, Settlement, Trial," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 29-62, January.
    7. 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.
    8. Edward L. Glaeser & Daniel P. Kessler & Anne Morrison Piehl, 1998. "What Do Prosecutors Maximize? An Analysis of Drug Offenders and Concurrent Jurisdiction," NBER Working Papers 6602, National Bureau of Economic Research, Inc.
    9. Steven Shavell, 1989. "Sharing of Information Prior to Settlement or Litigation," RAND Journal of Economics, The RAND Corporation, vol. 20(2), pages 183-195, Summer.
    10. 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.
    11. Barry Nalebuff, 1987. "Credible Pretrial Negotiation," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 198-210, Summer.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Andrew F. Daughety & Reinganum F. Reinganum, 2014. "Settlement and Trial: Selected Analyses of the Bargaining Environment," Vanderbilt University Department of Economics Working Papers 14-00005, Vanderbilt University Department of Economics.
    2. Motta, Massimo & Polo, Michele, 2003. "Leniency programs and cartel prosecution," International Journal of Industrial Organization, Elsevier, vol. 21(3), pages 347-379, March.
    3. Jeong-Yoo Kim, 2010. "Credible plea bargaining," European Journal of Law and Economics, Springer, vol. 29(3), pages 279-293, June.
    4. 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, March.
    5. Sylvain Bourjade & Patrick Rey & Paul Seabright, 2009. "Private Antitrust Enforcement In The Presence Of Pre‐Trial Bargaining," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 372-409, September.
    6. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    7. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    8. Eide, Erling & Rubin, Paul H. & Shepherd, Joanna M., 2006. "Economics of Crime," Foundations and Trends(R) in Microeconomics, now publishers, vol. 2(3), pages 205-279, December.
    9. Giuseppe Dari-Mattiacci & Bruno Deffains, 2007. "Uncertainty of Law and the Legal Process," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 163(4), pages 627-656, December.
    10. Lewis, Tracy R & Poitevin, Michel, 1997. "Disclosure of Information in Regulatory Proceedings," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 50-73, April.
    11. Choné, Philippe & Linnemer, Laurent, 2010. "Optimal litigation strategies with observable case preparation," Games and Economic Behavior, Elsevier, vol. 70(2), pages 271-288, November.
    12. 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.
    13. Bryan C. McCannon, 2024. "Alaska's ban on sentence bargaining," Contemporary Economic Policy, Western Economic Association International, vol. 42(1), pages 110-119, January.
    14. Andrew F. Daughety & Jennifer F. Reinganum, 1995. "Keeping Society in the Dark: On the Admissibility of Pretrial Negotiations as Evidence in Court," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 203-221, Summer.
    15. Orzach, Ram & Spurr, Stephen J., 2008. "Lesser-included offenses," International Review of Law and Economics, Elsevier, vol. 28(4), pages 239-245, December.
    16. Stefan Wielenberg, 2001. "Strategisches Verhalten bei der Unternehmenssanierung durch außergerichtlichen Vergleich," Schmalenbach Journal of Business Research, Springer, vol. 53(6), pages 605-631, September.
    17. Axel Gautier & Nicolas Petit, 2018. "Optimal enforcement of competition policy: the commitments procedure under uncertainty," European Journal of Law and Economics, Springer, vol. 45(2), pages 195-224, April.
    18. Mongrain, Steeve & Roberts, Joanne, 2009. "Plea bargaining with budgetary constraints," International Review of Law and Economics, Elsevier, vol. 29(1), pages 8-12, March.
    19. Douglas Savitsky, 2012. "Is plea bargaining a rational choice? Plea bargaining as an engine of racial stratification and overcrowding in the United States prison system," Rationality and Society, , vol. 24(2), pages 131-167, May.
    20. Inés Macho-Stadler & David Pérez-Castrillo, 2001. "Settlement in Tax Evasion Prosecution," UFAE and IAE Working Papers 495.01, Unitat de Fonaments de l'Anàlisi Econòmica (UAB) and Institut d'Anàlisi Econòmica (CSIC).

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ecm:wc2000:0089. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Christopher F. Baum (email available below). General contact details of provider: https://edirc.repec.org/data/essssea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.