Some reflections on the economics of prosecutors: Mandatory v selective prosecution

Mandatory prosecution is inefficient according to legal economists. We argue that when prosecutors are fairly insulated from their performance or are highly risk averse mandatory prosecution is better than selective prosecution. This result has important implications for comparative law since mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.

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Year of publication:	2008-02-07
Authors:	Garoupa, Nuno
Institutions:	Instituto de Ciencias Sociales, Instituto Madrileño de Estudios Avanzados (IMDEA)
Subject:	prosecutors \| mandatory prosecution \| selective prosecution \| civil law \| common law

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Extent:	application/pdf
Series:	Working Papers.
Type of publication:	Book / Working Paper
Language:	English
Notes:	Published in International Review of Law and Economics Number 2008-04
Classification:	K4 - Legal Procedure, the Legal System, and Illegal Behavior
Source:	RePEc - Research Papers in Economics

Persistent link: https://www.econbiz.de/10005258464