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Plea bargaining with budgetary constraints
Authors:Steeve Mongrain  Joanne Roberts
Affiliation:1. Department of Economics, University of Calgary, Calgary AB Canada T2N1N4;2. University of Calgary, Canada
Abstract:In this paper, we construct a simple model that illustrates a perverse effect associated with plea bargaining in which an increase in sanctions can lead to reduced deterrence. This finding is derived from the interaction of binding budgetary constraints and plea bargaining. In an environment with these institutional features, higher sanctions are not always optimal when resources are limited, even if such sanctions are costless. Such potential phenomena may be useful in explaining the fact that many states have introduced limitations on plea bargaining. Prosecutors being concerned with their conviction rates is necessary for such a result to be present.
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