This chapter presents a public choice theory of criminal procedure. The core idea is that criminal procedure is best understood as a set of rules designed to thwart attempts to use the state's law enforcement power in a predatory fashion or in order to transfer wealth generally. For the most...

In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law....

On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...

This article shows that private enforcement of the U. S. antitrust laws-which usually is derided as essentially worthless-serves as a more important deterrent of anticompetitive behavior than the most esteemed antitrust program in the world, criminal enforcement by the Antitrust Division of the...

Corporate compliance is becoming increasingly “criminalized.” What began as a means of industry self-regulation has morphed into a multi-billion dollar effort to avoid government intervention in business, specifically criminal and quasi-criminal investigations and prosecutions. In order to...

This essay reviews the economics of criminal procedure, proceeding through four topics in the literature. First, I review the implications of substantive criminal law theories for criminal procedure. The second part discusses the error cost model of criminal procedure, which is the dominant...

Some see criminal law as essentially or predominately an exercise in retributive justice. And some see private law as essentially or predominantly an exercise in corrective justice. There is considerable discussion of the relation between retributive and distributive justice in criminal law...

Our criminal codes are replete with “dead crimes”—i.e., crimes that are openly violated, have long gone unenforced, and no longer reflect majoritarian views. For example, many states still criminalize conduct as commonplace as engaging in certain innocuous behavior on Sundays, swearing,...

We study a theoretical general equilibrium environment in which the only activity of interest is armed robbery. Agents choose whether to be citizens or robbers, and whether to purchase handguns. Armed citizens can protect themselves from robbery but any armed agent runs the risk of accidentally...

We still know very little about the incentives of police, often due to data constraints and the underlying policy environment. Using geocoded crime data and a novel source of within-city spatial and temporal variation in punishment severity, I am able to shed light on enforcement behavior. I...