Some reflections on the economics of prosecutors: Mandatory v 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 since mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.
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Bibliographic InfoPaper provided by Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales in its series Working Papers with number 2008-04.
Date of creation: 07 Feb 2008
Date of revision:
Publication status: Published in International Review of Law and Economics
prosecutors; mandatory prosecution; selective prosecution; civil law; common law;
Other versions of this item:
- Garoupa, Nuno, 2009. "Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution," International Review of Law and Economics, Elsevier, vol. 29(1), pages 25-28, March.
- K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
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