The Economics of Criminal Procedure
AbstractCriminal procedure concerns the rules regarding the treatment of criminal defendants during the time from their arrest until the determination of a final verdict. From an economic perspective, the goal of this process is to achieve the most accurate determination of guilt at the lowest possible cost. The process encompasses plea bargaining, the bail system, rules regarding the determination of guilt at trial, and appeal. Criminal procedure also affects deterrence because it ultimately determines the expected punishment imposed on offenders. However, uncertainty in enforcement necessarily leads to a conflict between the goals of deterrence and error avoidance.
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Bibliographic InfoPaper provided by University of Connecticut, Department of Economics in its series Working papers with number 2007-24.
Length: 29 pages
Date of creation: Jun 2007
Date of revision:
Note: I acknowledge the insightful comments of Richard Adelstein.
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Criminal procedure; plea bargaining; rules of evidence;
Find related papers by JEL classification:
- K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
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- Mongrain, Steeve & Roberts, Joanne, 2009.
"Plea bargaining with budgetary constraints,"
International Review of Law and Economics,
Elsevier, vol. 29(1), pages 8-12, March.
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