NCJ Number
58184
Date Published
1979
Length
313 pages
Annotation
A DECISION THEORY PERSPECTIVE IS EMPHASIZED IN THIS ANALYSIS OF DECISIONMAKING BY JUDGES, DEFENSE ATTORNEYS, PROSECUTORS, JURORS, POTENTIAL OFFENDERS, AND OTHERS WHO APPLY LEGAL RULES TO CASES.
Abstract
THE BOOK, INTENDED AS A CLASSROOM TEXT FOR GRADUATE AND UNDERGRADUATE STUDENTS IN POLITICAL SCIENCE, SOCIOLOGY, PSYCHOLOGY, ECONOMICS, AND LAW, AND AS A REFERENCE FOR RESEARCH AND FOR PRACTITIONERS, ASSUMES THAT INDIVIDUALS IN A DECISIONMAKING SITUATION SEEK TO MAXIMIZE THEIR PERCEIVED BENEFITS MINUS COSTS, WHERE BOTH THE BENEFITS AND THE COSTS ARE DISCOUNTED BY THE PROBABILITY OF THE OCCURRENCE OF CERTAIN ACTS: THIS FACT ENABLES ONE TO DEDUCE HOW DECISIONS OF INDIVIDUALS WOULD CHANGE AS A RESULT OF SYSTEM CHANGES THAT AFFECT THEIR PERCEIVED BENEFITS MINUS COSTS. THE IDEA OF DECISIONS BEING AFFECTED BY THE PROBABILITY THAT UNCERTAIN EVENTS WILL OCCUR IS PARTICULARLY APPLICABLE TO THE LEGAL PROCESS SINCE IT INVOLVES MANY SUCH DECISIONS: A JUDGE TRYING TO DECIDE WHETHER TO HOLD OR RELEASE A DEFENDANT PRIOR TO TRIAL. CONTINGENT ON THE PROBABILITY THAT THE DEFENDANT WILL APPEAR IN COURT; DEFENSE ATTORNEYS AND PROSECTORS TRYING TO DECIDE WHETHER TO ACCEPT A COMPROMISE OUT-OF-COURT SETTLEMENT OR GO TO TRIAL, PARTLY CONTINGENT ON THE PROBABILITY THAT THE DEFENDANT WILL BE CONVICTED; (3) JURORS TRYING TO DECIDE WHETHER TO CONVICT OR ACQUIT, CONTINGENT ON THE PROBABILITY THAT THE DEFENDANT IS GUILTY, ETC. THE TEXT EXAMINES THE ONE-PERSON DECISION SITUATION (BONDSETTING) AS WELL AS THE TWO-PERSON BARGAINING SITUATION (PLEA BARGAINING). IT DISCUSSES THE CONFLICTS AND DYNAMICS OF THE BARGAINING PROCESS AND PRESENTS ANALOGIES AND IMPLICATIONS FOR POLICY RESEARCH. THIS DISCUSSION CONSIDERS THE BENEFITS OF OUT-OF-COURT SETTLEMENTS, THE ROLE OF DISCOVERY, DEFENSE, BAIL, AND DELAY, AND CHANGES IN CONVICTION PROBABILITIES AND SENTENCING PAYOFFS, AND COVERS PLEA BARGAINING RESEARCH, GAME THEORY, AND OTHER EQUILIBRIUM MODELING APPLICATIONS. THE FINAL SECTION APPLIES DECISION THEORY TO JUROR DECISIONMAKING; ALLOCATION OF RESOURCES AMONG COURT CASES BY LEGAL COUNSEL: AND USE OF DECISION DETERRENCE THEORY, A COMBINATION OF THE DEDUCTIVE MODEL OF DECISION THEORY AND THE CONCEPT THAT CRIMINAL BEHAVIOR IS DUE TO IMPLICIT COST-BENEFIT CONSIDERATIONS BY THE OFFENDER, TO ENCOURAGE SOCIALLY DESIRED BEHAVIOR. AN INDEX AND REFERENCES ARE PROVIDED. (DAG).