Prosecutorial resources, plea bargaining, and the decision to go to trial

Citation
S. Baker et C. Mezzetti, Prosecutorial resources, plea bargaining, and the decision to go to trial, J LAW EC OR, 17(1), 2001, pp. 149-167
Citations number
13
Categorie Soggetti
Economics
Journal title
JOURNAL OF LAW ECONOMICS & ORGANIZATION
ISSN journal
87566222 → ACNP
Volume
17
Issue
1
Year of publication
2001
Pages
149 - 167
Database
ISI
SICI code
8756-6222(200104)17:1<149:PRPBAT>2.0.ZU;2-7
Abstract
This article examines the strategic interaction between a defendant and a p rosecutor during the plea bargaining process. A four-stage game of incomple te information is developed where the defendant's guilt or innocence is pri vate information but the amount of resources available to the prosecutor is common knowledge. The basic result of the article is that equilibrium is s emiseparating; the plea offer is accepted by a proportion of the guilty def endants and is rejected by all of the innocent defendants and the remaining guilty defendants. In this model an increase in the resources available to the prosecutor increases the proportion of guilty defendants who accept pl ea offers. Although the prosecutor is unable to generate complete separatio n of the guilty and innocent defendants through the plea bargaining process , prosecutorial resources are beneficial from a societal standpoint.