Prosecutors and Plea Bargains

2019 ◽  
pp. 56-80 ◽  
Author(s):  
Bryan C. McCannon

This chapter focuses on the prosecutor’s role in plea bargaining. To guide the analysis, a simple theoretical model is developed, exploring the interaction between the prosecutor and the defense in the plea bargaining process. This theoretical framework is then used to organize the relationship between plea bargaining and the prosecutor in the likelihood of going to trial and the size of the plea discount. With regard to going to trial, three important dimensions are evaluated: (1) the expectations of the outcome to arise if the case goes to trial, (2) the magnitude of the stakes if convicted, and (3) the costs involved with going to a jury trial. Finally, the theoretical model is used to evaluate the size of the plea discount obtained.

2016 ◽  
Vol 24 (2) ◽  
pp. 105-117 ◽  
Author(s):  
Andrea Ceron ◽  
Luigi Curini

The article explores the relationship between the incentives of parties to campaign on valence issues and the ideological proximity between one party and its competitors. Building from the existing literature, we provide a novel theoretical model that investigates this relationship in a two-dimensional multiparty system. Our theoretical argument is then tested focusing on the 2014 European electoral campaign in the five largest European countries, through an analysis of the messages posted by parties in their official Twitter accounts. Our results highlight an inverse relationship between a party’s distance from its neighbors and its likelihood to emphasize valence issues. However, as suggested in our theoretical framework, this effect is statistically significant only with respect to valence positive campaigning. Our findings have implications for the literature on valence competition, electoral campaigns, and social media.


2014 ◽  
Vol 14 (3) ◽  
pp. 263-279 ◽  
Author(s):  
Les Beldo

Despite growing interest in the study of morality in anthropology, the field continues to be hindered by the lack of a common theoretical framework that adequately conceptualizes morality as an analytic concept and distinguishes it from other domains of social judgment. Drawing upon and critiquing efforts by Laidlaw and Zigon, I propose a theoretical model that recognizes morality as one of three kinds of ‘ought’ propositions. As a special kind of ‘ought’, moral judgment and practice imply prescriptive standards that are experienced as factual and unconditional, independent of prudence or consensus. The distinction between moral discourse and ‘embodied’ morality, as well as the relationship between morality and ontological categories such as personhood and self, are discussed in light of this understanding. The essay concludes with a brief analysis of moral discourse among members of organized atheist groups.


2019 ◽  
Vol 15 (3) ◽  
Author(s):  
Ken Yahagi

Abstract This paper presents a simple theoretical model to analyze the relationship between hate groups and hate crimes. This paper focuses on two important roles of hate groups; as providers of membership benefits for group members and as a coordination device for leadership. This paper shows that this interaction implies the possibility of multiple equilibria of the crime rate. This result explains why hate crimes and extreme criminal activities vary across communities and over time, and why a social shock such as 9/11 resulted in a rapid increase of hate crimes. Moreover, if hate groups work as coordination devices, the existence of hate groups may increase hate crimes. This result supports recent empirical results analyzing relationships between hate groups and hate crimes.


1975 ◽  
Vol 15 (74) ◽  
pp. 357 ◽  
Author(s):  
R Jardine ◽  
S O'Brien ◽  
MV Frew

Data from 14 stocking rate experiments, conducted over the period 1964-72, are used to derive a general relationship between wool production (W, kg sheep-1) and stocking rate (R, sheep ha-1), for the wool-growing areas of Victoria. This relationship is: W = (2.10 + 1.11P - 0.0045 C2) - (0.16 + 0.026 P - 0.00054 C2). R, where P ('productivity', kg sheep-1) and C ('carrying capacity', sheep ha-1) characterise any particular locality in a given year. The relationship is shown to be in accord with a simple theoretical model. In addition, some comparative ewe-wether relationships are presented.


Author(s):  
Homero Zambrano

A simple theoretical model explains the divergent empirical results concerning the effect of wage dispersion on firm performance. First, causality in the relationship is clarified. Then, through the model, it is shown that firm performance is non-monotonic with respect to wage dispersion. Likewise, it is shown that large firms are more likely to benefit from a dispersed wage structure than small firms.


2016 ◽  
Vol 6 (1) ◽  
pp. 481 ◽  
Author(s):  
Cassandro Mendes ◽  
Sabino Junior

<p class="ber"><span lang="EN-GB">Deforestation is a global issue and recently has been given much attention by governments and international institutions. The present paper aims to present a simple theoretical model on the relationship between corruption and deforestation. To model such relationship, we used differential games. Our model suggests that corruption increases deforestation. Moreover, the salary paid in the public sector may be an important tool to fight deforestation in development countries.</span></p>


1988 ◽  
Vol 34 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Rodney Kingsnorth ◽  
Michael Jungsten

In 1982, California introduced a number of revisions into its Vehicle Code sections dealing with the prosecution and sentencing of defendants charged with driving under the influence of alcohol. These revisions included redefining the relationship between blood alcohol concentration and criminal liability, constraints upon the plea-bargaining process, and an increase in the severity of penalties. An assessment is offered, based upon a random sample of 2,091 cases from one California county, of the impact of legislative reform on court sentencing practices. While the new law succeeded in eliminating “prior conviction” bargaining, the “reduction to reckless driving” form of bargaining, though initially substantially reduced, quickly rose again to prereform levels. Contrary to expectations, trial rates increased and rates of conviction at trial decreased. Problems of court congestion were exacerbated rather than relieved. The impact of increased penalties has been substantial for some offenders and for others negligible.


2020 ◽  
pp. 004728752092124
Author(s):  
Tsung Hung Lee ◽  
Fen-Hauh Jan ◽  
Yi Hsien Lin

The purpose of the present study is to examine a theoretical model using authentic experience, perceived benefit, perceived cost, and support for tourism development among attendees of the Dajia Mazu Pilgrimage in Taiwan. Overall, 1,244 usable responses were collected and analyzed. Analytic findings indicated that authentic experience and perceived benefits are precedents of support for tourism development. Perceived benefits significantly mediate the relationship between authentic experience and support for tourism development in both first-time and repeat attendees. The present study concludes that an individual who attends a traditional religious festival has authentic experiences of pilgrimage that create perceived benefits and lead to behavior that supports tourism development. The theoretical and managerial implications presented in this article elucidate an original theoretical framework and valuable insights for promoting support for tourism development, potentially also contributing to the literature.


Author(s):  
Justine Pila

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.


2015 ◽  
Vol 7 (3) ◽  
pp. 426-463 ◽  
Author(s):  
Stephen E. Gent ◽  
Mark J. C. Crescenzi ◽  
Elizabeth J. Menninga ◽  
Lindsay Reid

Can concerns for one’s reputation cause non-governmental organizations (NGOs) to alter their behavior to the detriment of achieving their policy goals? To answer this question, we explore the relationship between NGOs and their donors. Our theoretical model reveals that reputation can be a key piece of information in the decision to fund an NGO’s activities. Reputation can become so important to the NGO’s survival that it interferes with the long-term policy goals of the organization. As such, reputations can become a double-edged sword, simultaneously providing the information donors seek while constraining NGOs from realizing policy goals. We apply this logic to the problem of NGO accountability, which has received increasing attention in recent years, and demonstrate that the tools used by donors to improve accountability can trigger unintended consequences. We illustrate this strategic dynamic with two types of NGO activity: water improvement and international crisis mediation.


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