Plea Bargaining Outside the Shadow of Trial

By Stephanos Bibas. 2004

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Fairness and the Willingness to Accept Plea Bargain Offers (2010, neutral): “These theoretical analyses also failed to identify the important role of substantive fairness more generally in shaping defendants' risk preferences, evidenced in our experiments, despite applying the construct of loss aversion, writ large, to defendants' decision making (Bibas 2004; Birke 1999).”
Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes (2018, background): “Any plea deal that involves immediate release from jail would be very tempting, even if the deal involved onerous probation requirements, heavy fines, and negative impacts on future labor market prospects or access to public benefits (Bibas, 2004).”