TY - JOUR PY - 2006// TI - Does the Threat of the Death Penalty Affect Plea Bargaining in Murder Cases? Evidence from New York's 1995 Reinstatement of Capital Punishment JO - American law and economics review A1 - Kuziemko, I. SP - 116 EP - 142 VL - 8 IS - 1 N2 - This article investigates whether the death penalty encourages defendants charged with potentially capital crimes to plead guilty in exchange for lesser sentences. I exploit a natural experiment in New York State: the 1995 reinstatement of capital punishment, coupled with the public refusal of some prosecutors to pursue death sentences (N.Y. Penal Law [ยง] 125.25 [McKinney 1975]). Using individual-level data on all felony arrests in the state between 1985 and 1998, I find the death penalty leads defendants to accept plea bargains with harsher terms, but does not increase defendants' overall propensity to plead guilty. A differences-in-differences analysis of a national cross-section of homicide defendants confirms these results.

LA - SN - 1465-7252 UR - http://dx.doi.org/10.1093/aler/ahj005 ID - ref1 ER -