Document Type
Article
Publication Date
2010
Publication Information
7 J. Empirical Legal Stud. 97 (2010)
Abstract
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 preference, innocents are less willing to accept plea offers (WTAP) 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.
Recommended Citation
Avishalom Tor,
Fairness and the Willingness to Accept Plea Bargain Offers,
7 J. Empirical Legal Stud. 97 (2010).
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/835
