The effect of the election of prosecutors on criminal trials
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We examine whether elections of public prosecutors influence the mix of cases taken to trial versus plea bargained. A theoretical model is constructed wherein voters use outcomes of the criminal justice system as a signal of prosecutors’ quality, leading to a distortion in the mix of cases taken to trial. Using data from North Carolina we test whether reelection pressures lead to (a) an increase in the number and proportion of convictions from jury trials and (b) a decrease in the average sanction obtained in both jury trials and pleas. Our empirical findings are consistent with our theoretical predictions.
KeywordsCrime Election Plea bargaining Prosecutor Trials
We thank the chief editor, associate editor, three anonymous referees, Juste Abramovaite, Toke Aidt, Ralph Bailey, Anindya Banerjee, Marco Barassi, Matthew Cole, Allin Cottrell, Valentina Dimitrova-Grajzl, Rob Elliott, Rosa Ferrer, Amanda Griffith, Andy Hanssen, Toby Kendall, Clare Leaver, Tito Pietra, Peter Postl, and seminar participants at the University of Birmingham, the University of Sassari, St. Bonaventure University, and the Workshop on Law, Economics, and Institutions for their comments and suggestions.
- Bandyopadhyay, S., & McCannon, B. C. (2014). Prosecutorial retention: signalling by trial. Journal of Public Economic Theory (forthcoming). Google Scholar
- Bandyopadhyay, S., & Oak, M. (2010). Conflict and leadership: when is there a hawkish drift in policy? Working paper. Google Scholar
- Berdejo, C., & Yuchtman, N. (2010). Crime, punishment, and politics: an analysis of political cycles in criminal sentencing. Working paper. Google Scholar
- Besley, T. (2006). Principled agents? The political economy of good government. Oxford: Oxford University Press. Google Scholar
- Burke, A. (2007). Prosecutorial passion, cognitive bias, and plea bargaining. Marquette Law Review, 91(1), 183–211. Google Scholar
- Perry, S. W. (2006). Prosecutors in state courts, 2005. Bureau of Justice Statistics, US Department of Justice Google Scholar
- Rogoff, K. S. (1990). Equilibrium political budget cycles. The American Economic Review, 80(1), 21–36. Google Scholar
- Simmons, R. (2004). Election of local prosecutors. ElectionLaw@Moritz. Available from http://moritzlaw.osu.edu/electionlaw/ebook/part7/elections_prosecutors.html, Accessed 15 June, 2013.
- Wright, R. F. (2009). How prosecutor elections fail us. Ohio State Journal of Criminal Law, 6(2), 649–660. Google Scholar