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  • P-ISSN 2586-2995
  • E-ISSN 2586-4130
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KDI Journal of Economic Policy. Vol. 39, No. 3, August 2017, pp. 1-18

https://doi.org/10.23895/kdijep.2017.39.3.1

× KDI Open Access is a program of fully open access journals to facilitate the widest possible dissemination of high-quality research. All research articles published in KDI JEP are immediately, permanently and freely available online for everyone to read, download and share in terms of the Creative Commons Attribution 4.0 International License.

Anchoring Effect of the Prosecutor’s Demand on Sentence: Evidence from Korean Sexual Crime Cases

JUNG WOOK KIM; SU BOK CHAE

Author & Article History

Manuscript received 09 November 2016; revision received 18 November 2016; accepted 08 August 2017.

Abstract

The anchoring effect can be found when a decision shows cognitive prejudice towards the initial information given. Several studies have argued that such an effect is present even for judges in the courtroom. This paper seeks to find a relationship between judges’ decisions on penalty sentences and the sentences recommended by prosecutors. In this study, 2,773 actual court cases are considered in the analysis, and quantile regression is used to show that the sentencing decisions judges make are anchored by the recommendations of prosecutors. However, this reliance on recommendations differs according to the seriousness of the crime committed. Specifically, at the lowest penalty levels, a one-month increase in the prosecutors’ sentencing recommendation results in a 0.25-month increase in the judges’ sentence, while at the highest sentence level, the judges’ sentences increase by 0.78 months under an identical condition. The results of this research indicate the need to create more objective and clear sentencing guidelines in the future in an effort to mitigate the psychological pressure experienced by judges with regard to serious offences or heinous crimes.

Keywords

Prosecutor, Anchoring Effect, Sentence

JEL Code

K14, K42, D91

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