Discussion about this post

User's avatar
Peter Gerdes's avatar

Another concern is how this works in light of plea bargaining. The majority of cases plea out based on a defendants prediction of likely outcome at trial so the actual cases that go to trial aren't a representative sample.

Thus you aren't necessarily guaranteed convergence to the desired outcome. What you need is a mechanism to force a certain fraction of cases to be tried despite a plea bargain which seems unworkable since the defense no longer actually has an interest in the outcome.

Having said that I actually like the idea of denying all plea bargains in a random sample.

--

To give an example, suppose that the population of criminals consists of 99% rational actors who don't want to go to prison and 1% of actors who plead not guilty because they want the media coverage and believe they acted justly if illegally. Suppose juries (correctly even) convict 100% of people in that later category. One equilibrium for your system is the market predicts all juries convict so the actors in the 99% rationally choose to take the plea bargain rather than betting on the extremely slim odds of getting a real jury and winning leaving the only ones who go to trial the 1% which in turn vindicates the market's rating of 100%

Expand full comment
Peter Gerdes's avatar

It's not clear to me the extra predictive accuracy this kind of approach provides is desierable.

If this works you get a bunch of detailed analysis and produce models which are very good at predicting jury outcomes (and implicitly simulated jury outcomes). That essentially provides a blueprint for how to commit crimes in a way that doesn't result in punishment.

Yes, in some sense much of that data exists now buried in court records but the amount of effort required to extract it makes it non-worthwhile for criminals to do so.

Expand full comment
9 more comments...

No posts