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Plea Bargaining as a Mean to Maximum Sentence

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This paper outlines the findings of a model of plea bargaining with multiple defendants, in which a prosecutor makes plea offer sequentially. It is shown that plea discount can be minimized with sequential offers and that not all of defendants shall be induced to plead guilty. By allowing sequential offer, a prosecutor has more power in the plea bargaining, which may increase social welfare by giving appropriate level of punishment to the guilty.

Abstract

This paper outlines the findings of a model of plea bargaining with multiple defendants, in which a prosecutor makes plea offer sequentially. It is shown that plea discount can be minimized with sequential offers and that not all of defendants shall be induced to plead guilty. By allowing sequential offer, a prosecutor has more power in the plea bargaining, which may increase social welfare by giving appropriate level of punishment to the guilty.

참고문헌 (8)

  1. Bar-Gill, Oren, "The Prisoners’ (Plea Bargain) Dilemma", Journal of Legal Analysis, 1(2), pp.737~773 (2009)
  2. Grossman, Gene, "Plea Bargainging and Social Welfare", American Economic Review, 73, pp.749~757 (1983)
  3. Kim, Jeong-Yoo, "Secrecy and Fairness in Plea Bargaining with Multiple Defendants", Journal of Economics, 96, pp.263~276 (2009)
  4. Kobayashi, Bruce H., "Deterrence with Multiple defendants: An Explanation of ‘Unfair’ Plea Bargains", Rand Journal of Economics, 23, pp.507~517 (1992)
  5. Miceli, Thomas, "Plea Bargaining and Deterrence: An Institutional Approach", European Journal of Law and Economics, 3, pp.249~264 (1996)
  6. Landes, William, "An Economic Analysis of the Courts", Journal of Law and Economics, 14, pp.61~107 (1971)
  7. Reingnum, Jennifer, "The Law Enforcement Process and Criminal Choice", International Review of Law and Economics, 13, pp.115~134 (1993)
  8. US Department of Justice, "Compendium of Federal Justice Statistics", 51~ (2000)

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