{"title":"减少不公正的定罪:辩诉交易、审判和证据披露","authors":"A. Daughety, Jennifer F. Reinganum","doi":"10.1093/jleo/ewaa001","DOIUrl":null,"url":null,"abstract":"\n We develop a dynamic model of a criminal case, from arrest through plea bargaining and (possibly) trial, allowing for the potential discovery of exculpatory evidence by prosecutors (who choose whether to disclose it) and defendants. We consider three regimes: (1) no disclosure required; (2) disclosure only required before trial; and (3) early disclosure required from arrest onward. These regimes have complex distributional consequences for the defendants. We find that innocent defendants ex ante prefer early disclosure whereas guilty defendants prefer disclosure only before trial. We also explore some of the social costs attributable to the regimes (JEL K4, D82, D73).","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":null,"pages":null},"PeriodicalIF":16.4000,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"Reducing Unjust Convictions: Plea Bargaining, Trial, and Evidence Disclosure\",\"authors\":\"A. Daughety, Jennifer F. Reinganum\",\"doi\":\"10.1093/jleo/ewaa001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n We develop a dynamic model of a criminal case, from arrest through plea bargaining and (possibly) trial, allowing for the potential discovery of exculpatory evidence by prosecutors (who choose whether to disclose it) and defendants. We consider three regimes: (1) no disclosure required; (2) disclosure only required before trial; and (3) early disclosure required from arrest onward. These regimes have complex distributional consequences for the defendants. We find that innocent defendants ex ante prefer early disclosure whereas guilty defendants prefer disclosure only before trial. We also explore some of the social costs attributable to the regimes (JEL K4, D82, D73).\",\"PeriodicalId\":1,\"journal\":{\"name\":\"Accounts of Chemical Research\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":16.4000,\"publicationDate\":\"2020-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Accounts of Chemical Research\",\"FirstCategoryId\":\"96\",\"ListUrlMain\":\"https://doi.org/10.1093/jleo/ewaa001\",\"RegionNum\":1,\"RegionCategory\":\"化学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"CHEMISTRY, MULTIDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"96","ListUrlMain":"https://doi.org/10.1093/jleo/ewaa001","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
Reducing Unjust Convictions: Plea Bargaining, Trial, and Evidence Disclosure
We develop a dynamic model of a criminal case, from arrest through plea bargaining and (possibly) trial, allowing for the potential discovery of exculpatory evidence by prosecutors (who choose whether to disclose it) and defendants. We consider three regimes: (1) no disclosure required; (2) disclosure only required before trial; and (3) early disclosure required from arrest onward. These regimes have complex distributional consequences for the defendants. We find that innocent defendants ex ante prefer early disclosure whereas guilty defendants prefer disclosure only before trial. We also explore some of the social costs attributable to the regimes (JEL K4, D82, D73).
期刊介绍:
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.