State Liability for Wrongful Conviction: Incentive Effects on Crime Levels
AbstractWrongful convictions may increase the level of crime over the ideal case of their absence. The problem of wrongful conviction is most serious in areas where crime is endemic and for certain groups of citizens who are stereotyped. State liability mitigates this problem; compensating the wrongfully convicted induces some individuals not to commit crimes, thereby leading to a lower crime level. However, state liability may distort the behavior of judges if the welfare of judges is inversely related to compensation for wrongful conviction. We address policy implications that minimize such distortions.
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Bibliographic InfoArticle provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.
Volume (Year): 163 (2007)
Issue (Month): 2 (June)
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Find related papers by JEL classification:
- K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
- K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other
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- Matteo Rizzolli & Luca Stanca, 2012.
"Judicial Errors and Crime Deterrence: Theory and Experimental Evidence,"
Journal of Law and Economics,
University of Chicago Press, vol. 55(2), pages 311 - 338.
- Matteo Rizzolli & Luca Stanca, 2009. "Judicial Errors and Crime Deterrence: Theory and Experimental Evidence," Working Papers 170, University of Milano-Bicocca, Department of Economics, revised Aug 2009.
- Echazu, Luciana & Garoupa, Nuno, 2012. "Why not adopt a loser-pays-all rule in criminal litigation?," International Review of Law and Economics, Elsevier, vol. 32(2), pages 233-241.
- Matteo Rizzolli & Margherita Saraceno, 2009. "Better that X guilty persons escape than that one innocent suffer," Working Papers 168, University of Milano-Bicocca, Department of Economics, revised Jul 2009.
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