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The Inquisitorial and the Adversarial Procedure in a Criminal Court Setting

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Author Info
Bruno Deffains
Dominique Demougin

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Abstract

We provide a comparison of the adversarial and inquisitorial trial procedures. We find that social costs associated with a given level of justice are always smaller under the adversarial rule. Nevertheless, the inquisitorial rule may be better because it allows for state control of all the investigative expenditures. In contrast, under the adversarial procedure, investigative expenditures will be mainly constrained by individual wealth, leading to inefficient justice levels, higher social cost, and potentially large inequalities.

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File URL: http://www.ingentaconnect.com/content/mohr/jite/2008/00000164/00000001/art00005
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Publisher Info
Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 164 (2008)
Issue (Month): 1 (March)
Pages: 31-43
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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200803)164:1_31:tiatap_2.0.tx_2-w

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Find related papers by JEL classification:
K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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This page was last updated on 2009-12-10.

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