Framing, Fairness, and Ambiguity in Plea Decisions and Other Risky Choices: A Unified Approach

ABSTRACT Three scholars take interdisciplinary perspectives on plea decision‐making, which resolves more than 95% of criminal cases. Wolfe (2025) draws out lessons from findings in medical decision‐making research and explains how findings and theory bridge domains. Wilson (2025) draws out lessons from behavioral economics for plea decision‐making and explains how perceptions of fairness could influence plea bargaining beyond economics, providing novel predictions. Faigman (2025) emphasizes the uncertainties surrounding plea bargaining in actual cases, and how considering plea bargaining as decision‐making “put[s] fairness top of mind.” I take up the challenges outlined by these scholars and extend fuzzy‐trace theory in new ways to account for qualitative and quantitative features of plea‐bargaining options encompassing meaningful bottom‐line gist, ambiguity of options, positive and negative valence of outcomes, and core social and moral values, such as fairness and justice.

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Publication Details

Journal
Journal of Behavioral Decision Making
Published
2025-08-09
DOI
https://doi.org/10.1002/bdm.70038
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
0.00

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article

Framing, Fairness, and Ambiguity in Plea Decisions and Other Risky Choices: A Unified Approach

Valerie F. Reyna
Journal of Behavioral Decision Making
Law, Economics, and Judicial Systems
article

Framing, Fairness, and Ambiguity in Plea Decisions and Other Risky Choices: A Unified Approach

Valerie F. Reyna
article en

Abstract

ABSTRACT Three scholars take interdisciplinary perspectives on plea decision‐making, which resolves more than 95% of criminal cases. Wolfe (2025) draws out lessons from findings in medical decision‐making research and explains how findings and theory bridge domains. Wilson (2025) draws out lessons from behavioral economics for plea decision‐making and explains how perceptions of fairness could influence plea bargaining beyond economics, providing novel predictions. Faigman (2025) emphasizes the uncertainties surrounding plea bargaining in actual cases, and how considering plea bargaining as decision‐making “put[s] fairness top of mind.” I take up the challenges outlined by these scholars and extend fuzzy‐trace theory in new ways to account for qualitative and quantitative features of plea‐bargaining options encompassing meaningful bottom‐line gist, ambiguity of options, positive and negative valence of outcomes, and core social and moral values, such as fairness and justice.

Journal of Behavioral Decision MakingVol. 38(4)
Cornell University (US)
National Science Foundation, National Institute of Standards and Technology
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Law, Economics, and Judicial Systems
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