It is typically difficult to differentiate empirically between deterrence and incapacitation since both are a function of expected punishment. In this paper we demonstrate that the introduction of sentence enhancements (i.e. increased punishments that are added on to prison sentences that would...

The prison time actually served by a convicted criminal depends to a significant degree on decisions made by the state during the course of imprisonment--on whether to grant parole or other forms of sentence reduction. In this article we study a model of the adjustment of sentences assuming that...

When is it socially advantageous for legal rules to be changed in the light of altered circumstances? In answering this basic question here, a simple point is developed -- that past compliance with legal rules tends to reduce the social advantages of legal change. The reasons are twofold:...

Some of the costs of enforcing laws are fixed" - - in the sense that they do not depend on the number of individuals who commit harmful acts- -while other costs are "variable"- - they rise with the number of such individuals. This article analyzes the effects of fixed and variable enforcement...

We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge's attention. By focusing judicial attention on such...

The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...

In nuisance-type cases, legal commentators generally recommend -- and the courts seem to increasingly use -- the award of damages rather than the granting of an injunction of the harmed party. This essay compares the economic consequences of injunctive and damage remedies under a variety of...

Noncarceral conviction is a common outcome of criminal court cases: for every individual incarcerated, there are approximately three who are recently convicted but not sentenced to prison or jail. We develop an empirical framework for studying the consequences of noncarceral conviction by...