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A Note on Optimal Law Enforcement with Legal Aid

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Author Info
Garoupa, Nuno
Stephen, Frank

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Abstract

The economic literature on enforcement is generally pessimistic concerning the use of legal aid. In this Paper we show that legal aid can be part of optimal law enforcement. The rationale behind our result is that with legal aid, in a system with legal or judicial error, both guilty and innocent individuals are better off because the marginal cost of defense expenditure is reduced. If, on average, legal aid helps the innocent more than the guilty a government seeking to maximize social welfare will want to use it in order to increase deterrence.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 4113.

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Date of creation: Nov 2003
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Handle: RePEc:cpr:ceprdp:4113

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Related research
Keywords: legal aid; sanction; self-reporting;

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Find related papers by JEL classification:
K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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References listed on IDEAS
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  1. Innes, Robert, 2000. "Self-Reporting in Optimal Law Enforcement When Violators Have Heterogeneous Probabilities of Apprehension," Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 287-300, January.
  2. Png, I. P. L., 1986. "Optimal subsidies and damages in the presence of judicial error," International Review of Law and Economics, Elsevier, vol. 6(1), pages 101-105, June. [Downloadable!] (restricted)
  3. Nuno Garoupa & Hugh Gravelle, 2003. "Efficient Deterrence does not Require that the Wealthy should be Able to Buy Justice," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 159(3), pages 545-, September.
  4. Lott, John R, Jr, 1987. "Should the Wealthy Be Able to "Buy Justice"?," Journal of Political Economy, University of Chicago Press, vol. 95(6), pages 1307-16, December. [Downloadable!] (restricted)
  5. Kaplow, Louis & Shavell, Steven, 1999. "The Conflict between Notions of Fairness and the Pareto Principle," American Law and Economics Review, Oxford University Press, vol. 1(1-2), pages 63-77, Fall.
  6. Kaplow, Louis & Shavell, Steven, 1994. "Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income," Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 667-81, June.
  7. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Blackwell Publishing, vol. 11(3), pages 267-95, September. [Downloadable!] (restricted)
  8. Kaplow, Louis & Shavell, Steven, 1994. "Optimal Law Enforcement with Self-Reporting of Behavior," Journal of Political Economy, University of Chicago Press, vol. 102(3), pages 583-606, June. [Downloadable!] (restricted)
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  9. A. Mitchell Polinsky & Steven Shavell, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March. [Downloadable!] (restricted)
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  10. Reinganum, Jennifer F, 1988. "Plea Bargaining and Prosecutorial Discretion," American Economic Review, American Economic Association, vol. 78(4), pages 713-28, September. [Downloadable!] (restricted)
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  11. Louis Kaplow & Steven Shavell, 2001. "Any Non-welfarist Method of Policy Assessment Violates the Pareto Principle," Journal of Political Economy, University of Chicago Press, vol. 109(2), pages 281-286, April. [Downloadable!] (restricted)
  12. Innes, Robert, 1999. "Remediation and self-reporting in optimal law enforcement," Journal of Public Economics, Elsevier, vol. 72(3), pages 379-393, June. [Downloadable!] (restricted)
  13. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May. [Downloadable!] (restricted)
  14. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September. [Downloadable!] (restricted)
  15. Hugh Gravelle & Nuno Garoupa, . "Optimal Deterrence with Legal Defence Expenditure," Discussion Papers 00/08, Department of Economics, University of York. [Downloadable!]
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  16. Sanchirico, Chris William, 2000. "Taxes versus Legal Rules as Instruments for Equity: A More Equitable View," Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 797-820, June.
  17. Kaplow, Louis & Shavell, Steven, 2000. "Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income," Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 821-35, June.
  18. Innes, Robert, 2001. "Violator Avoidance Activities and Self-Reporting in Optimal Law Enforcement," Journal of Law, Economics and Organization, Oxford University Press, vol. 17(1), pages 239-56, April.
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