We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

Priest and Klein’s 1984 article, “The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Despite the article’s enduring influence, its results have never been formally proved, and doubts remain about...

The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often...

This paper analyzes the influence of political and institutional factors on the enactment of sentencing guidelines and truth-in-sentencing legislation by US states. First, we develop a model of strategic interaction among the judiciary, parole boards and state legislators, to analyze the...

A deterrence model with comparative static analyses is used to study efficient sentences when trials are not immediate. Depending on relative costs and the disutility of jail and prison, as well as the foresight of potential criminals, efficient credit for presentence incarceration ranges from...

This paper offers a new argument for why a more aggressive enforcement of minor offenses ("zero-tolerance") may yield a double dividend in that it reduces both minor offenses and more severe crime. We develop a model of criminal subcultures in which people gain social status among their peers...