The Yale Law Journal

Ariel Porat


Asymmetries and Incentives in Plea Bargaining and Evidence Production

Saul Levmore & Ariel Porat

122 Yale L.J. 690 (2012).

Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymm…