Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines'...

In this paper, I consider how tort law and criminal law - conceived as interlocking and overlapping systems for protecting and upholding the legal rights people have against other people - should operate in a society where there are not enough public funds available to run those systems properly...

“Not guilty” — these two simple words elicit intense relief from any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non-indigent...

This paper is a discussion of whether single-member judicial panels are an effective way of accelerating the delivery of criminal justice. We use a reform which introduced single-member courts in Greece, where delays in court proceedings are common according to the European Justice Scoreboard...

We study the effects of laws streamlining access to post-conviction forensic DNA technology ("DNA laws"). We present a conceptual framework in which DNA laws' effects differ by race due to unequal access to non-DNA exoneration technologies. Consistent with the framework's predictions, we find...

That would make the error rate [in felony convictions] .027 percent - or to put it another way, a success rate of 99.973 percent. - Justice Antonin Scalia, concurring in Kansas v. Marsh, June 29, 2006 (quoting Joshua Marquis) The news about the astounding accuracy of felony convictions in the...

This article analyzes alternative rules for settling conflicts between right owner and a bona fide purchaser. The optimal rule, so it is argued, is the one which maximizes the expected value of the ownership right, given the risk of right violation. In order to maximize this value, one must seek...

When individuals violate the law, detection and verification of the violation are rarely, if ever, perfect. Before the state can dole out punishment, it must first identify a suspect and then produce sufficient evidence to persuade a judge and/or jury beyond some threshold level of confidence...

Research in criminology has shown that the perceived risk of apprehension often differs substantially from the true level. To account for this insight, we extend the standard economic model of law enforcement (Becker, 1968) by considering two types of offenders, sophisticates and naïves. The...

This chapter examines the nature of optimal price fixing penalties on organizations in the presence of criminal sanctions for individuals employed by convicted firms. In other work, we examined the nature of optimal penalties for firms convicted for price fixing when the only sanction is the one...