check
Bounding reasonable doubt: implications for plea bargaining | Environmental Economics and Management

Recent Publications By Year

Publications by Authors

Contact Us

The Department of Environmental Economics and Management

The Robert H. Smith Faculty
of Agriculture, Food and Environment
The Hebrew University of Jerusalem

Herzl 229, Rehovot 7610001
Fax: 08-9466267

Department Head:
Dr. Ohad Raveh, Tel: 08-9489373

Head of the teaching program:
Dr. Ohad Raveh, Tel: 08-9489373

Secretary: 
Miri Arazi, Tel: 08-9489230

Bounding reasonable doubt: implications for plea bargaining

Citation:

Tsur, Y. . Bounding Reasonable Doubt: Implications For Plea Bargaining. European Journal of Law and Economics 2017, 44, 197–216.

Date Published:

Oct

Abstract:

A bound for reasonable doubt is offered based on the cost of type I and type II errors. The bound increases with the punishment, hence its use as a conviction threshold may leave too many offenders of severe crimes at large. Plea bargaining addresses this limitation but introduces strategic interaction between concerned parties. Considering strategic interaction between defendants and judge/jury, it is shown that to any plea offer there corresponds a unique equilibrium. Moreover, all equilibria share the same conviction threshold, given by the reasonable doubt bound. The latter property ensures that the plea bargaining procedure is consistent with the `equality before the law' principle. The former property (that to any plea offer there corresponds a unique equilibrium) bears implications for the design of plea bargain schemes.

Website