Mezzanatto and the Economics of Self Incrimination
1998, Cardozo Law Review
Eric Bennett Rasmusen
This paper uses the economic approach to address a recent legal question involving self incrimination: what is the effect of allowing a defendant to waive his right to exclude statements he makes during plea bargaining from evidence at trial if plea bargaining fails? This was the issue in the 1995 Mazzanatto Supreme Court decision. What is the reason for such waivers, and do they increase or decrease the amount of plea bargaining.
Rasmusen, Eric Bennett (1998), "Mezzanatto and the Economics of Self Incrimination," Cardozo Law Review, Vol. 19, May, 1541-1584.