NCJ Number
47470
Journal
Journal of Legal Education Volume: 29 Issue: 1-2 Dated: (1977) Pages: 31-51
Date Published
1977
Length
21 pages
Annotation
CONCEPTS FROM ECONOMICS (MODELS OF THE MARKETPLACE, THE FIRM, AND THE CONSUMER) AND FROM OPERATIONS RESEARCH (DECISION THEORY, INVENTORY MODELING, AND LINEAR PROGRAMMING) ARE APPLIED TO THE JUDICIAL PROCESS.
Abstract
THE PLEA-BARGAINING SITUATION, WHICH INVOLVES THE DEFENDANT-BUYER SEEKING THE LOWEST POSSIBLE PRICE FROM THE PROSECUTOR-SELLER, IS USED TO ILLUSTRATE THE APPLICABILITY OF THE MODEL TO THE JUDICIAL PROCESS. THE MODEL OF THE FIRM IS ILLUSTRATED BY THE ARRAIGNMENT SITUATION, WHICH INVOLVES DETERMINATION OF THE OPTIMUM LEVEL OF PRETRIAL RELEASE IN ORDER TO MAXIMIZE THE NET BENEFITS OF THE JUDICIAL PROCESS. THE PROBLEM OF CIVIL LIBERTIES -- HOW A COMMUNITY SHOULD ALLOCATE ITS SCARCE RESOURCES AMONG CIVIL RIGHTS ACTIVITIES (VOTING, SCHOOLS, CRIMINAL JUSTICE, HOUSING, EMPLOYMENT, PUBLIC ACCOMMONDATIONS) IN ORDER TO MAXIMIZE EQUALITY -- IS USED TO ILLUSTRATE THE CONSUMER MODEL. IN TERMS OF OPERATIONS RESEARCH, PROBABILISTIC OR DECISION THEORY, WHICH INVOLVES MAKING DECISIONS UNDER CONDITIONS OF PROBABILISTIC UNCERTAINTY, IS ILLUSTRATED BY THE DECISIONMAKING OF PROSECUTORS AND DEFENSE COUNSEL IN PLEA-BARGAINING SITUATIONS. THE OPTIMUM LEVEL OR INVENTORY MODEL, AS APPLIED TO THE PRETRIAL RELEASE PROBLEM, INVOLVES MAKING A DECISION ABOUT HOW FAR TO GO WITH REGARD TO A SYSTEM INPUT WHERE DOING EITHER TOO LITTLE OR TOO MUCH WOULD RESULT IN UNDULY HIGH COSTS OR LOSS OF BENEFITS. THE OPTIMUM MIX OR LINEAR PROGRAMMING MODEL -- ALLOCATION OF SCARCE RESOURCES IN LIGHT OF GOALS AND CONSTRAINTS -- IS ILLUSTRATED IN THE CIVIL RIGHTS PROBLEM. ALL OF THE MODELS CAN PROVOKE INSIGHTS THAT MIGHT BE MISSED BY VIEWING LEGAL PROCESS PROBLEMS FROM OTHER RESEARCH PERSPECTIVES. THESE INSIGHTS FACILITATE COMPARISONS OF EQUILIBRIUM OR OPTIMUM BEHAVIOR WITH EMPIRICAL BEHAVIOR; UNDERSTANDING OF THE MUTUAL INFLUENCE OF LEGAL POLICY AND OTHER VARIABLES; AND CLARIFICATION OF ASSUMPTIONS, GOALS, ALTERNATIVE MEANS AND THEIR PAYOFFS, CONTINGENT PROBABILITIES, AND OTHER ESSENTIAL ELEMENTS OF THE LEGAL PROCESS. SIMPLE ALGEBRA AND GRAPHS ARE USED TO ILLUSTRATE EACH MODEL. (AUTHOR ABSTRACT MODIFIED--LKM)