Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution
AbstractMandatory prosecution is inefficient according to legal economists. We argue that when prosecutors are fairly insulated from their performance or are highly risk-averse mandatory prosecution is better than selective prosecution. This result has important implications for comparative law. We use our findings to provide a positive explanation for the stylized fact that mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.
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Bibliographic InfoArticle provided by Elsevier in its journal International Review of Law and Economics.
Volume (Year): 29 (2009)
Issue (Month): 1 (March)
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Prosecutors Mandatory prosecution Selective prosecution Civil law Common law;
Other versions of this item:
- Nuno Garoupa, 2008. "Some reflections on the economics of prosecutors: Mandatory v selective prosecution," Working Papers 2008-04, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
- K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
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