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Court delays and the defendant behaviour: an economic analysis

journal contribution
posted on 2003-01-01, 00:00 authored by Andrew Torre, B Hazari
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.

History

Journal

Arthaniti

Volume

2

Issue

1-2

Pagination

27 - 41

Publisher

University of Calcutta, Department of Economics

Location

Calcutta, India

ISSN

0976-7479

Language

eng

Notes

Reproduced with the specific permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2003, University of Calcutta

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