Exoneree Compensation and Endogenous Plea Bargaining: Theory and Experiment

Chulyoung Kim and Sang-Hyun Kim

Journal of Institutional and Theoretical Economics (JITE), 2021, vol. 177, issue 1, 28-55

Abstract: We study how plea-bargaining behaviors may respond to a change in two important policy variables in criminal law: the level of exoneree compensation and the accuracy of the exoneration process. Confirming the theoretical predictions, we experimentally find that prosecutor subjects make more lenient plea-bargaining offers in response to higher exoneree compensation, and less lenient offers in response to higher exoneration accuracy. We also find that defendant subjects do not directly respond to a variation in exoneree compensation, and are less likely to plead guilty when exoneration accuracy is lower, the effect being significantly stronger for guilty defendants.

Keywords: exoneree compensation; plea bargain; wrongful conviction; exoneration process (search for similar items in EconPapers)
JEL-codes: C92 K14 K41 K42 (search for similar items in EconPapers)
Date: 2021
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DOI: 10.1628/jite-2020-0048

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