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Does Efficient Deterrence Require that the Wealthy Should Be Able to Buy Justice?

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Nuno Garoupa
Hugh Gravelle

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Abstract

It has been argued that there will be more efficient deterrence if no restrictions are placed on the ability of the rich to buy better legal representation than the poor when accused of a crime: such restrictions lead to over-deterrence of the wealthy. We show that the conclusion does not hold when account is taken of the effect of restrictions on legal defence expenditure on the extent of under-deterrence.

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Paper provided by Department of Economics, University of York in its series Discussion Papers with number 00/07.

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Handle: RePEc:yor:yorken:00/07

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  1. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June. [Downloadable!] (restricted)
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  2. 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)
  3. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Blackwell Publishing, vol. 11(3), pages 267-95, September. [Downloadable!] (restricted)
  4. Kobayashi, Bruce H. & Lott, John Jr., 1996. "In defense of criminal defense expenditures and plea bargaining," International Review of Law and Economics, Elsevier, vol. 16(4), pages 397-416, December. [Downloadable!] (restricted)
  5. Nuno Garoupa & Frank H Stephen, 2004. "Optimal Law Enforcement with Legal Aid," Economica, London School of Economics and Political Science, vol. 71(283), pages 493-500, 08. [Downloadable!] (restricted)
  6. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn. [Downloadable!] (restricted)
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