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Fault-based liability regimes require an inquiry into the nature of the defendant's conduct, whereas this type of inquiry is absent in strict liability regimes. Therefore, verdicts reached through fault-based liability regimes can convey superior information compared to verdicts reached through...
Persistent link: https://www.econbiz.de/10012919763
Criminals often engage in costly avoidance to lower their probability of being detected and sanctioned. Such avoidance, in turn, affects the optimal enforcement policy. This paper studies the impact of avoidance on a specific type of enforcement policy - the standard of proof. We show that when...
Persistent link: https://www.econbiz.de/10012921072
There is no consensus in the economics of law enforcement literature regarding the likely effects of wrongful convictions on deterrence. While many assert that wrongful convictions and wrongful acquittals are likely to cause similar reductions in deterrence, others, most notably Lando (2006),...
Persistent link: https://www.econbiz.de/10012932196
Fault-based liability regimes require an inquiry into the nature of the defendant's conduct, whereas this type of inquiry is absent in strict liability regimes. Therefore, verdicts reached through fault-based liability regimes can convey superior information compared to verdicts reached through...
Persistent link: https://www.econbiz.de/10012932997
This article presents law enforcement models where employers engage in statistical discrimination, and the visibility of criminal records can be adjusted through policies (such as ban the box campaigns). I show that statistical discrimination leads to an increase in crime rates under plausible...
Persistent link: https://www.econbiz.de/10012934380
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This paper examines factors affecting the decision of whether or not to make certain harmful acts illegal. It considers factors related both to the cost of law enforcement and to the crime commission decision. On the enforcement side, illegality is limited by the existence of fixed notice and...
Persistent link: https://www.econbiz.de/10013217106
Imprisonment and monetary rewards for non-convictions can similarly incentivize potential offenders to refrain from committing crime. Although imprisonment is expensive, it may still enjoy a cost advantage over rewards. This is because only detected criminals are imprisoned, whereas rewards need...
Persistent link: https://www.econbiz.de/10013220705
We consider a government’s interrelated decisions of enacting laws prohibiting harmful behavior and choosing how aggressively to enforce those laws. There are three broad policies available to the government in this regard: not prohibiting the act at all, enacting a law and enforcing it, and...
Persistent link: https://www.econbiz.de/10013221998