Showing 1 - 10 of 2,499
Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion...
Persistent link: https://www.econbiz.de/10012465982
Djankov et al. (2003a) propose and measure for 109 countries in the year 2000 an index of formalism of legal procedure for two simple disputes: eviction of a non-paying tenant and collection of a bounced check. For a sub-sample of 40 countries, we compute this index every year starting in 1950,...
Persistent link: https://www.econbiz.de/10012464838
the judiciary. The resulting framework reconciles the theoretical literature of lobbying with the negative available …
Persistent link: https://www.econbiz.de/10012467366
Hayek (1960) distinguishes the institutions of English freedom, which guarantee the independence of judges from … political interference in the administration of justice, from those of American freedom, which allow judges to restrain law … reflect these institutions of English and American freedom, and ask whether these rules predict economic and political freedom …
Persistent link: https://www.econbiz.de/10012469956
Algorithms (in some form) are already widely used in the criminal justice system. We draw lessons from this experience for what is to come for the rest of society as machine learning diffuses. We find economists and other social scientists have a key role to play in shaping the impact of...
Persistent link: https://www.econbiz.de/10012629487
We investigate the evolution of common law under overruling, a system of precedent change in which appellate courts replace existing legal rules with new ones. We use a legal realist model, in which judges change the law to reflect their own preferences or attitudes, but changing the law is...
Persistent link: https://www.econbiz.de/10012465743
This paper uses data from 700+ felony trials in Sarasota and Lake Counties in Florida from 2000-2010 to examine the role of age in jury selection and trial outcomes. The results imply that prosecutors are more likely to use their peremptory challenges to exclude younger members of the jury pool,...
Persistent link: https://www.econbiz.de/10012460772
The myriad uncertainties common to the process of adjudication--concerning evidence that opposing parties will present, legal issues that will become relevant, illness of witnesses, and the like--lead to two social problems. First, when unanticipated events occur, the information that parties...
Persistent link: https://www.econbiz.de/10014248002
Many jurisdictions levy sizable fines and fees (legal financial obligations, or LFOs) on criminal defendants. Proponents argue LFOs are a "tax on crime" that funds courts and provides deterrence; opponents argue they do neither. We examine the fiscal implications of lowering LFOs. Incentives to...
Persistent link: https://www.econbiz.de/10014421231
-specific characteristics such as the level of political freedom are taken into account. Political freedom is shown to explain terrorism, but it … does so in a non-monotonic way: countries in some intermediate range of political freedom are shown to be more prone to … terrorism than countries with high levels of political freedom or countries with highly authoritarian regimes. This result …
Persistent link: https://www.econbiz.de/10012467830