Citation

Orzach R, Spurr SJ. Int. Rev. Law Econ. 2008; 28(4): 239-245.

Copyright

(Copyright © 2008, Elsevier Publishing)

DOI

10.1016/j.irle.2008.07.010

PMID

unavailable

Abstract

The positions taken by prosecutors and defense lawyers on proposed jury instructions on lesser-included offenses provide evidence that juries do not follow the law strictly. This paper develops a simple model of expected utility to predict how jurors make their decisions. The model explains a stylized fact that is inconsistent with the idea that juries always follow the law, namely why prosecutors often object to giving the jury the option of a lesser-included offense. We use the model to evaluate the law concerning jury instructions on primary and lesser-included offenses.