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Wrongful Convictions Do Lower Deterrence

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  • Nuno Garoupa
  • Matteo Rizzolli

Abstract

The conventional result of the theory of the public enforcement of law is that wrongful convictions of innocents are detrimental to deterrence. This proposition has been challenged recently. In some cases, wrongful convictions do not jeopardize deterrence, because they influence equally the innocent and the guilty. Therefore deterrence does not change. We show that, in general, wrongful convictions do lower deterrence. We prove that wrongful convictions do not jeopardize deterrence only in very limited circumstances or under unlikely assumptions.

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Bibliographic Info

Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 168 (2012)
Issue (Month): 2 (June)
Pages: 224-231

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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201206)168:2_224:wcdld_2.0.tx_2-y

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Cited by:
  1. 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.
  2. Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.
  3. Natalia Pavlova & Andrey Shastitko, 2014. "Effects Of Hostility Tradition In Antitrust: Leniency Programs And Cooperation Agreements," HSE Working papers WP BRP 58/EC/2014, National Research University Higher School of Economics.
  4. Svetlana Avdasheva & Polina Kryuchkova, 2013. "Law And Economics Of Antitrust Enforcement In Russia," HSE Working papers WP BRP 05/PA/2013, National Research University Higher School of Economics.

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