Turkay, Evsen (2011): Evidence disclosure and severity of punishments.
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The relationship between legal offenses and punishment is well studied by scholars of sociology, economics and law. Economists contend that punishment is a cost of committing an offense, hence an increase in the severity of punishments should decrease incentives to commit legal offenses. And the efficiency of legal punishments are studied generally from this perspective: giving efficient incentives to commit legal offense. This paper studies the relationship between punishment and evidence disclosure in a game theoretical model. A defendant is trying to persuade a judge by presenting evidence to take a favorable legal action rather than less favorable ones on his case. I show that the equilibrium disclosure of the defendant is not affected by a change in the scale of legal actions when there is no uncertainty on how the judge evaluates evidence. With uncertainty, however, the defendant can be induced to disclose more information by decreasing the severity ratio of the most unfavorable legal action to the most favorable one. This shows that in the more realistic case of uncertainty the severity of punishments has an effect on evidence disclosure and efficiency of punishment schedule should be analyzed by internalizing its effect on evidence disclosure as well.
|Item Type:||MPRA Paper|
|Original Title:||Evidence disclosure and severity of punishments|
|Keywords:||Law and Economics, Evidence Disclosure, Legal Punishments|
|Subjects:||K - Law and Economics > K0 - General
C - Mathematical and Quantitative Methods > C7 - Game Theory and Bargaining Theory > C72 - Noncooperative Games
|Depositing User:||Evsen Turkay|
|Date Deposited:||24. Jun 2011 15:51|
|Last Modified:||28. Feb 2013 03:29|
Bernardo, A.E., Talley, E., and Welch, I. (2000), “A Theory of Legal Presumption,” Journal of Law, Economics and Organization, 16, 1-49.
Bundy, S.M., and Elhauge, E. (1991), “Do Lawyers Improve the Adversary System? A General Theory of Litigation Advice and Its Regulation,” California Law Review, 79, 313-420.
Bundy, S.M., and Elhauge, E. (1993). “Knowledge about Legal Sanctions,” Michigan Law Review, 92, 261-335.
Crawford, V., and J. Sobel (1982). “Strategic Information Transmission Econometrica, 50, 1431- 1451.
Daughety, A.F., and Reinganum, J.F. (2000a). “Appealing Judgments,” Rand Journal of Economics, 31, 502-525.
Daughety, A.F., and Reinganum, J.F. (2000b). “On the Economics of Trials: Adversarial Process, Evidence and Equilibrium Bias,” Journal of Law, Economics, and Organization, 16, 365-394.
Dewatripont, M., and Tirole, J (1999). “ Advocates,” Journal of Political Economy, 107, 1-39.
Frank, J. (1973), Courts on Trial: Myth and Reality in American Justice, Princeton, Princeton University Press.
Froeb, L.M., and Kobayashi, B.H. (1996), “Naive, Biased, yet Bayesian: Can Juries Interpret Selectively Produced Evidence?” Journal of Law, Economics, and Organization, 12, 257- 276.
Froeb, L.M., and Kobayashi, B.H. (2001), “Evidence Production in Adversarial vs. Inquisitorial Regimes,” Economics Letters, 70, 267-272.
Grossman, S. (1981), “The Informational Role ofWarranties and Private Disclosure about Product Quality, ” Journal of Law and Economics, 24, pp. 461-483.
Hay, B.L., and Spier, K.E. (1997), “Burdens of Proof in Civil Litigation: An Economic Perspective,” Journal of Legal Studies, 26, 413-431.
Kaplow, L., and Shavell, S. (1989), “Legal Advice about Information to Present in Litigation: Its Effects and Social Desirability,” Harvard Law Review, 102, 567-614.
Krishna, V., and J. Morgan (2001), “A Model Of Expertise,” The Quarterly Journal of Economics, 116, 747-775.
Levy, G. (2005), “Careerist Judges,” Rand Journal Economics, 36, 275-297.
Lewis, T.R., and Poitevin, M. (1997), “Disclosure of Information in Regulatory Proceedings” Journal of Law, Economics, and Organization, 13, 50-73. Lipman, B.L., and Seppi, D.J. (1995), “Robust Inference in Communication Games with Partial Provability,” Journal of Economic Theory, 66, 370-405.
Luban, D.J. (1983), “The Adversary System Excuse,” in The Good Lawyer: Lawyers’ Roles and Lawyers’ Ethics, (D.J. Luban eds.), New Jersey: Rowman & Allanheld.
Mialon, H. (2005), “An Economic Theory of the Fifth Amendment,” Rand Journal of Economics, 36 (4).
Milgrom, P. (1981), “Good News and Bad News: Representation Theorems and Applications,” Bell Journal of Economics, 12, 380-391.
Milgrom, P., and Roberts, J. (1986), “Relying on the Information of Interested Parties,” Rand Journal Economics, 17, 18-32.
Posner, R.A. (1999), “An Economic Approach to the Law of Evidence,” Stanford Law Review, 51, 1477-1546.
Rhode, D. (1985), “Ethical Perspectives on Legal Practice,” Stanford Law Review, 37, 589-614.
Sanchirico, C.W. (1997), “A Burden of Proof in Civil Litigation: A Simple Model of Mechanism Design” International Review of Law and Economics, 17, 431-447.
Sanchirico, C.W. (1998), “Enforcement by Hearing: An Integrated Model of Evidence Production,” USC Law School Olin Working Paper No. 98-19.
Sanchirico, C.W. (2001), “Relying on the Information of Interested — and Potentially — Dishonest Parties” American Law and Economics Review, 3, 320-357.
Seidmann, D. (2005), “The Effects of a Right to Silence,” Review of Economic Studies, 72, 593- 614.
Shin, H.S. (1994), “The Burden of Proof in a Game of Persuasion,” Journal of Economic Theory, 64, 253-264.
Shin, H.S. (1998), “Adversarial and Inquisitorial Procedure in Arbitration,” Rand Journal of Economics, 29, 378-405.
Sobel, J. (1985), “Disclosure of Evidence and Resolution of Disputes: Who Should Bear the Burden of Proof?” in Game Theoretical Models of Bargaining, A. Roth (ed.) Cambridge: Cambridge University Press.
Spurrier, R.L. (1980), Inexpensive justice: Self-representation in the small claims court, Kennikat Press.
Thompson, W. (1989), “Are Juries Competent to Evaluate Statistical Evidence?” Law and Contemporary Problems, 52, 9-41.
Tribe, L.H. (1971), “Trial by Mathematics: Precision and Ritual in the Legal Process,” Harvard Law Reeview, 84, 1329-1393.
Wells, G. (1992), “Naked Statistical Evidence of Liability: Is Subjective Probability Enough?” Journal of Personality and Social Psychology, 62, 739-752. 32
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Evidence disclosure and severity of punishments. (deposited 13. Jun 2011 17:21)
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