Efficient Deterrence does not Require that the Wealthy should be Able to Buy Justice
It has been argued that it is inefficient to restrict the ability of the rich to buy better legal defense than the poor because such restrictions lead to overdeterrence of the wealthy, who have a higher opportunity cost of imprisonment. We show that the ability of the rich to buy a lower conviction probability can never lead to the expected sanction for a crime being the same at all income levels. Thus whilst a restriction on legal defense expenditure increases the proportion of individuals who are inefficiently overdeterred, it also reduces the proportion who are inefficiently underdeterred. Hence the efficiency implications are ambiguous.
Volume (Year): 159 (2003)
Issue (Month): 3 (September)
|Contact details of provider:|| Web page: https://www.mohr.de/jite|
|Order Information:|| Postal: Mohr Siebeck GmbH & Co. KG, P.O.Box 2040, 72010 Tübingen, Germany|
When requesting a correction, please mention this item's handle: RePEc:mhr:jinste:urn:sici:0932-4569(200309)159:3_545:eddnrt_2.0.tx_2-q. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Thomas Wolpert)
If references are entirely missing, you can add them using this form.