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Wrongful Conviction, Persuasion and Loss Aversion

Author

Listed:
  • Robertson, Matthew J.

    (Coventry University)

Abstract

When can a prosecutor persuade a loss-averse judge to increase her rate of conviction? Motivated by empirical evidence, I study a model of persuasion in which the loss a judge incurs from wrongful conviction looms larger than the gain from a just verdict. I show that, surprisingly, the prosecutor benefits from persuasion even when the judge is extremely loss-averse. However, a necessary condition is that the prosecutor does not underestimate the judge’s loss aversion. I draw on experimental findings to quantify the effectiveness of persuasion under loss aversion. JEL classification numbers: D72 ; D82 ; D91 ; K40

Suggested Citation

  • Robertson, Matthew J., 2018. "Wrongful Conviction, Persuasion and Loss Aversion," CRETA Online Discussion Paper Series 48, Centre for Research in Economic Theory and its Applications CRETA.
    • Handle: RePEc:wrk:wcreta:48
    as

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    File URL: https://warwick.ac.uk/fac/soc/economics/research/centres/creta/papers/manage/creta48_-_matthew_robertson.pdf
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    References listed on IDEAS

    as
    1. Xingyi Liu, 2018. "Disclosing information to a loss-averse audience," Economic Theory Bulletin, Springer;Society for the Advancement of Economic Theory (SAET), vol. 6(1), pages 63-79, April.
    2. Emir Kamenica & Matthew Gentzkow, 2011. "Bayesian Persuasion," American Economic Review, American Economic Association, vol. 101(6), pages 2590-2615, October.
    3. Elliot Lipnowski & Laurent Mathevet, 2018. "Disclosure to a Psychological Audience," American Economic Journal: Microeconomics, American Economic Association, vol. 10(4), pages 67-93, November.
    4. Thomas Mariotti & Nikolaus Schweizer & Nora Szech & Jonas von Wangenheim, 2023. "Information Nudges and Self-Control," Management Science, INFORMS, vol. 69(4), pages 2182-2197, April.
    5. Mohammed Abdellaoui & Han Bleichrodt & Corina Paraschiv, 2007. "Loss Aversion Under Prospect Theory: A Parameter-Free Measurement," Management Science, INFORMS, vol. 53(10), pages 1659-1674, October.
    6. Nuno Garoupa & Matteo Rizzolli, 2012. "Wrongful Convictions Do Lower Deterrence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 224-231, June.
    7. Ludmila Matyskova, 2018. "Bayesian Persuasion with Costly Information Acquisition," CERGE-EI Working Papers wp614, The Center for Economic Research and Graduate Education - Economics Institute, Prague.
    8. Matthew Gentzkow & Emir Kamenica, 2014. "Costly Persuasion," American Economic Review, American Economic Association, vol. 104(5), pages 457-462, May.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    information design ; loss aversion ; wrongful conviction;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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