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Plea Bargaining and Investigation Effort: Inquisitorial Criminal Procedure as a Three-Player Game

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  • Christmann, Robin

Abstract

We study the impact of plea bargaining on decision errors and operating costs of the inquisitorial justice system. Scholars and legal professionals are divided over whether such plea deals are compatible with the inquisitorial tradition. In this paper, we stylize inquisitorial criminal procedure as a sequential game with two benevolent investigators, judge and prosecutor. Both agents are subject to private investigation costs and seek a correct decision over a defendant of uncertain guilt. Our analysis shows that the introduction of plea deals in courtroom helps to overcome the problem of effort coordination between the two investigating agents. All equilibria that involve a conviction also adhere to the ‘beyond reasonable doubt’-conviction threshold. Moreover, we demonstrate that plea bargaining reduces the frequency of wrongful convictions (type I errors) in inquisitorial procedures.

Suggested Citation

  • Christmann, Robin, 2021. "Plea Bargaining and Investigation Effort: Inquisitorial Criminal Procedure as a Three-Player Game," MPRA Paper 108976, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:108976
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    References listed on IDEAS

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    2. Froeb, Luke M. & Kobayashi, Bruce H., 2001. "Evidence production in adversarial vs. inquisitorial regimes," Economics Letters, Elsevier, vol. 70(2), pages 267-272, February.
    3. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    4. Robin Christmann, 2021. "Prosecution and Conviction under Hindsight-Biased Information Updating in Adversary Legal Systems," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 177(4), pages 404-427.
    5. 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.
    6. Yacov Tsur, 2017. "Bounding reasonable doubt: implications for plea bargaining," European Journal of Law and Economics, Springer, vol. 44(2), pages 197-216, October.
    7. Christmann, Robin & Kirstein, Roland, 2020. "You go First! Coordination Problems and the Standard of Proof in Inquisitorial Prosecution," MPRA Paper 99686, University Library of Munich, Germany.
    8. Chulyoung Kim, 2014. "Adversarial and Inquisitorial Procedures with Information Acquisition," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(4), pages 767-803.
    9. Claude Fluet, 2009. "Accuracy Versus Falsification Costs: The Optimal Amount of Evidence under Different Procedures," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 134-156, May.
    10. 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.
    11. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
    12. Alon Harel & Keith N. Hylton (ed.), 2012. "Research Handbook on the Economics of Criminal Law," Books, Edward Elgar Publishing, number 13467.
    13. 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.
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    Cited by:

    1. Robin Christmann & Roland Kirstein, 2023. "You go first!: coordination problems and the burden of proof in inquisitorial prosecution," European Journal of Law and Economics, Springer, vol. 56(2), pages 403-422, October.

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    More about this item

    Keywords

    screening; free-riding; litigation; court errors;
    All these keywords.

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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