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Persistent link: https://www.econbiz.de/10013260011
The criminal legal system is at a crossroads. Calls for abolition are met with calls for modest adjustments or maintenance of the status quo. What frequently emerges from these polarities is a promise that police, prosecutors, judges, and other government actors will use their vast discretion to...
Persistent link: https://www.econbiz.de/10014346273
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...
Persistent link: https://www.econbiz.de/10013049496
An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing...
Persistent link: https://www.econbiz.de/10014152434
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...
Persistent link: https://www.econbiz.de/10014218783
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...
Persistent link: https://www.econbiz.de/10014192370
crime in specific groups including migrants, women and racial minorities, and finally turning from individual to organized …"A Modern Guide to the Economics of Crime discusses the evolution of a field, whose growing relevance among scholars … and policymakers is partly related to the persistence of crime and violence around the world and partly to the remarkable …
Persistent link: https://www.econbiz.de/10013462765
offender may be falsely convicted of a crime committed by someone else whether or not he himself acts lawfully, and that type-1 …
Persistent link: https://www.econbiz.de/10012856680
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when...
Persistent link: https://www.econbiz.de/10014106678
The literature contains ambiguous findings as to whether statistical discrimination, e.g. in the form of racial profiling, causes a reduction in deterrence. These analyses, however, assume that enforcers' incentives are exogenously fixed. This article demonstrates that when the costs and...
Persistent link: https://www.econbiz.de/10012854274