Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution
Mandatory 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. We use our findings to provide a positive explanation for the stylized fact that mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.
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- Manu Raghav, 2014.
"Why do Budgets Received by State Prosecutors Vary Across Districts in the United States?,"
2014-01, DePauw University, Department of Economics and Management.
- Manu Raghav, 2006. "Why do budgets received by state prosecutors vary across districts in the United States?," Caepr Working Papers 2006-018, Center for Applied Economics and Policy Research, Economics Department, Indiana University Bloomington.
- Shin, Hyun Song, 1997.
"Adversarial and Inquisitorial Procedures in Arbitration,"
CEPR Discussion Papers
1722, C.E.P.R. Discussion Papers.
- Hyun Song Shin, 1998. "Adversarial and Inquisitorial Procedures in Arbitration," RAND Journal of Economics, The RAND Corporation, vol. 29(2), pages 378-405, Summer.
- Song Shin, H, 1996. "Adversarial and Inquisitorial Procedures in Arbitration," Economics Papers 124, Economics Group, Nuffield College, University of Oxford.
- Parisi, Francesco, 2002. "Rent-seeking through litigation: adversarial and inquisitorial systems compared," International Review of Law and Economics, Elsevier, vol. 22(2), pages 193-216, August.
- Anne van Aaken & Lars P. Feld & Stefan Voigt, 2008.
"Power over Prosecutors Corrupts Politicians: Cross Country Evidence Using a New Indicator,"
MAGKS Papers on Economics
200801, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
- Anne van Aaken & Lars P. Feld & Stefan Voigt, 2008. "Power over Prosecutors Corrupts Politicians: Cross Country Evidence Using a New Indicator," CESifo Working Paper Series 2245, CESifo Group Munich.
- Malcolm B. Coate & Andrew N. Kleit, 1998. "Does it matter that the prosecutor is also the judge? The administrative complaint process at the Federal Trade Commission," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 19(1), pages 1-11.
- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- Eric Rasmusen & Manu Raghav, & Mark Ramseyer, 2008.
"Convictions versus Conviction Rates: The Prosecutor’s Choice,"
2008-16, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
- Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, Oxford University Press, vol. 11(1), pages 47-78.
- Boari, Nicola & Fiorentini, Gianluca, 2001. "An economic analysis of plea bargaining: the incentives of the parties in a mixed penal system," International Review of Law and Economics, Elsevier, vol. 21(2), pages 213-231, June.
- Anne van Aaken & Eli Salzberger & Stefan Voigt, 2003.
"The Prosecution of Public Figures and the Separation of Powers: Confusion within the Executive Branch. A Conceptual Framework,"
ICER Working Papers
32-2003, ICER - International Centre for Economic Research.
- Anne Van Aaken & Eli Salzberger & Stefan Voigt, 2004. "The Prosecution of Public Figures and the Separation of Powers. Confusion within the Executive Branch -- A Conceptual Framework," Constitutional Political Economy, Springer, vol. 15(3), pages 261-280, 09.
- Nuno Garoupa & Frank H Stephen, 2008. "Why plea-bargaining fails to achieve results in so many criminal justice systems: A new framework for assessment," Working Papers 2008-02, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
- Shepherd, Joanna M, 2002. "Police, Prosecutors, Criminals, and Determinate Sentencing: The Truth about Truth-in-Sentencing Laws," Journal of Law and Economics, University of Chicago Press, vol. 45(2), pages 509-34, October.
- Bjerk, David, 2005.
"Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion under Mandatory Minimum Sentencing,"
Journal of Law and Economics,
University of Chicago Press, vol. 48(2), pages 591-625, October.
- David Bjerk, 2004. "Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion Under Mandatory Minimum Sentencing," Department of Economics Working Papers 2004-12, McMaster University.
- Richard T. Boylan, 2005. "What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys," American Law and Economics Review, Oxford University Press, vol. 7(2), pages 379-402.
- Froeb, Luke M. & Kobayashi, Bruce H., 2001. "Evidence production in adversarial vs. inquisitorial regimes," Economics Letters, Elsevier, vol. 70(2), pages 267-272, February.
- Palumbo, Giuliana, 2006.
"Optimal duplication of effort in advocacy systems,"
Journal of Economic Behavior & Organization,
Elsevier, vol. 60(1), pages 112-128, May.
- Boylan, Richard T, 2004. "Salaries, Turnover, and Performance in the Federal Criminal Justice System," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 75-92, April.
- Boylan, Richard T & Long, Cheryl X, 2005. "Salaries, Plea Rates, and the Career Objectives of Federal Prosecutors," Journal of Law and Economics, University of Chicago Press, vol. 48(2), pages 627-51, October.
- William M. Landes, 1974.
"An Economic Analysis of the Courts,"
in: Essays in the Economics of Crime and Punishment, pages 164-214
National Bureau of Economic Research, Inc.
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