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O'Hear, Michael M. - 2013

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'...

Persistent link: https://www.econbiz.de/10014214488

Criminal Law and Economics : Some Topics Related to the Cost of Inprisonment, Deterrence and to the Question if Crime Pays

Parrilli, Davide Maria - 2008

, punishment, reeducation of the prisoners and so on have a great impact on the society. In other words, the crime and its …

Persistent link: https://www.econbiz.de/10014214528

Dispute Resolution in Criminal Law

O'Hear, Michael M.; Schneider, Andrea Kupfer - 2007

Although the study of plea bargaining would seem, by its nature, to invite interdisciplinary collaboration between criminal law and dispute resolution scholars, there has been remarkably little cross-fertilization between the fields. In this Essay, we discuss the suitability of conceptualizing...

Persistent link: https://www.econbiz.de/10014221822

Criminal Law Pays : Penal Law's Contribution to China's Economic Development

Lewis, Margaret K. - 2014

China’s rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China’s economic development since the launch of the reform period has...

Persistent link: https://www.econbiz.de/10014155271

Thrice Punished : Battered Women, Criminal Law and Disinheritance

Hamilton, Barbara; Sheehy, Elizabeth A. - 2013

The legal system deals harshly with an abused woman who kills her male partner. It metes out severe ‘punishment …”. Her first punishment is enduring hell in the relationship itself, without access to effective legal intervention or … terrorism on the part of a judge and jury. Her third punishment occurs even if she manages to obtain a conviction for …

Persistent link: https://www.econbiz.de/10014158217

Criminal Law and Human Rights (Introduction)

van Kempen, Piet Hein - 2017

The significance of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law is undeniable for anyone who is familiar with the criminal justice system. This chapter serves three general purposes. First, it intends to portray the meaning and rationale...

Persistent link: https://www.econbiz.de/10014121834

The Theory of Penalties and the Economics of Criminal Law

Hylton, Keith N. - 2005

This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who …

Persistent link: https://www.econbiz.de/10014106678

A Note on Optimal Sentencing with Recurring Crime and Adjudication Errors

Guerra, Alice; Nilssen, Tore - 2021

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

Persistent link: https://www.econbiz.de/10013250838

'Loss' Revisited : A Guarded Defense of the Centerpiece of the Federal Economic Crime Sentencing Guideline

Bowman III, Frank O. - 2017

This article discusses "loss," the concept at the heart of the Federal Sentencing Guidelines section governing economic crimes, Section 2B1.1. It notes the common criticism that "loss" plays too large a role in federal economic crime sentencing, but distinguishes between the sound observation...

Persistent link: https://www.econbiz.de/10012969032

The Criminalization of Compliance

Haugh, Todd - 2017

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...

Persistent link: https://www.econbiz.de/10012969723