Original Source Material

Site

Student Version

The way the U.S. judicial system works, a defendant is first found to be innocent or guilty. The punishment sentence is determined only after a defendant has been found guilty. It might seem that this is a relatively minor procedural issue. Yet, the order of this decision- making can mean the difference between life and death, or even between conviction and acquittal.

References: Dixit, A. K., & Nalebuff, B. J. (1991). Thinking strategically: The competitive edge in business, politics, and everyday life. New York, NY: Norton.

Seemingly small choices, such as the order of decision-making, can have major consequences. For example, making decisions about punishment after a guilty verdict has been reached rather than before guilt has been established impacts conviction and acquittal rates. A decision to convict can literally be a life or death decision in countries that practice capital punishment.

plagiarism or not?