After a cursory glance at the impact of game theoretic analyses on the law, I proceed to an elementary analysis of the plea bargaining process with the tools of game theory. The paper was written in the light of the introduction of plea bargaining in India by an amendment to the Code of Criminal Procedure. I conclude with a warning about the systemic inequities which plea bargaining might augment.
{"title":"Game Theory and the Law - Plea Bargaining","authors":"V. Bhide","doi":"10.2139/ssrn.1013189","DOIUrl":"https://doi.org/10.2139/ssrn.1013189","url":null,"abstract":"After a cursory glance at the impact of game theoretic analyses on the law, I proceed to an elementary analysis of the plea bargaining process with the tools of game theory. The paper was written in the light of the introduction of plea bargaining in India by an amendment to the Code of Criminal Procedure. I conclude with a warning about the systemic inequities which plea bargaining might augment.","PeriodicalId":273284,"journal":{"name":"Criminal Procedure eJournal","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122537076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-01-01DOI: 10.1111/J.1468-2230.2006.00628.X
A. Gillespie, Vanessa Bettinson
This note examines the decision of the Court of Appeal in R (Gazette Media Company Ltd) v Teesside Crown Court (1) where the Court was asked to rule on the legality of an order under s.39, Children and Young Persons Act 1933 purporting to ban the identity of the victim and defendants in a prosecution. The facts of the prosecution are set out below but the interesting issues that arise from this decision come not so much from the facts and decision (which was, to an extent, inevitable) but rather from the fact that the current law does not, in our opinion, adequately protect children from secondary victimisation and that the courts have erred in their current understanding of the legal position.
{"title":"Preventing Secondary Victimisation Through Anonymity","authors":"A. Gillespie, Vanessa Bettinson","doi":"10.1111/J.1468-2230.2006.00628.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2006.00628.X","url":null,"abstract":"This note examines the decision of the Court of Appeal in R (Gazette Media Company Ltd) v Teesside Crown Court (1) where the Court was asked to rule on the legality of an order under s.39, Children and Young Persons Act 1933 purporting to ban the identity of the victim and defendants in a prosecution. The facts of the prosecution are set out below but the interesting issues that arise from this decision come not so much from the facts and decision (which was, to an extent, inevitable) but rather from the fact that the current law does not, in our opinion, adequately protect children from secondary victimisation and that the courts have erred in their current understanding of the legal position.","PeriodicalId":273284,"journal":{"name":"Criminal Procedure eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122298760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-03-01DOI: 10.1111/J.1468-2230.2006.00585_5.X
.. Ho
No abstract available.
没有摘要。
{"title":"The Trial on Trial (Volume 1), Truth and Due Process","authors":".. Ho","doi":"10.1111/J.1468-2230.2006.00585_5.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2006.00585_5.X","url":null,"abstract":"No abstract available.","PeriodicalId":273284,"journal":{"name":"Criminal Procedure eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121015960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines the problem of wrongful convictions with an aim towards developing a system for reducing the rate of wrongful convictions. Because current laws only seek to compensate exonerees for wrongful convictions, it is necessary to consider strategies for reducing the rate of wrongful convictions ex ante. Because prosecutors are the principal agents capable of reducing wrongful convictions, this paper suggests that imposing liability on prosecutors will incentivize them to take proper precautions to avoid wrongful convictions. The paper creates a simple behavioral model for the prosecutor's decision to charge an individual with a crime, and explores the potential effects of three different liability schemes: none, negligence-based, and strict-liability-based.
{"title":"Prosecutorial Liability for Wrongful Convictions","authors":"Jeffrey M. Peabody","doi":"10.2139/ssrn.1130250","DOIUrl":"https://doi.org/10.2139/ssrn.1130250","url":null,"abstract":"This paper examines the problem of wrongful convictions with an aim towards developing a system for reducing the rate of wrongful convictions. Because current laws only seek to compensate exonerees for wrongful convictions, it is necessary to consider strategies for reducing the rate of wrongful convictions ex ante. Because prosecutors are the principal agents capable of reducing wrongful convictions, this paper suggests that imposing liability on prosecutors will incentivize them to take proper precautions to avoid wrongful convictions. The paper creates a simple behavioral model for the prosecutor's decision to charge an individual with a crime, and explores the potential effects of three different liability schemes: none, negligence-based, and strict-liability-based.","PeriodicalId":273284,"journal":{"name":"Criminal Procedure eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130134412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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