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Court delays and the defendant behaviour: an economic analysis

Torre, Andrew and Hazari, Bharat R. 2003, Court delays and the defendant behaviour: an economic analysis, Arthaniti, vol. 2, no. 1-2, pp. 27-41.

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Title Court delays and the defendant behaviour: an economic analysis
Author(s) Torre, Andrew
Hazari, Bharat R.
Journal name Arthaniti
Volume number 2
Issue number 1-2
Start page 27
End page 41
Publisher University of Calcutta, Department of Economics
Place of publication Calcutta, India
Publication date 2003
ISSN 0976-7479
Keyword(s) static cost function
time dependant cost function
optimal plea
Summary Court delays are consistently criticised as being inimical to social welfare. However, the theoretical basis for this assertion is not well established in the law and economics literature. As a first step, very little is known about the impact of court delay on the defendant's optimal plea decision. If the defendant is rational in the sense of inter temporally optimising, court delay may increase or decrease the probability of a trial depending on the defendant's bail status. Some empirical support for this theoretical proposition is found using data on plea behaviour for a selection of cases heard in NSW Australia.
Notes Reproduced with the specific permission of the copyright owner.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2003, University of Calcutta
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002325

Document type: Journal Article
Collections: School of Accounting, Economics and Finance
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