2010/02/19 by Avishalom Tor, Oren Gazal‐Ayal, Stephen M. Garcia · 2 citations
Economics, Econometrics and Finance · Social Sciences · #Law, Economics, and Judicial Systems #Legal and Constitutional Studies #Legal principles and applications
paper · doi:10.1111/j.1740-1461.2009.01171.x
openalex publication_date 2010/02/19 · openalex created_date 2025/10/10 · openalex updated_date 2026/05/21
In contrast with the common assumption in the plea bargaining literature, we show fairness‐related concerns systematically impact defendants' preferences and judgments. In the domain of preferences, innocents are less willing to accept plea offers than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically‐biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.