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Inquisitorial and Adversarial Procedure in a Criminal Court Setting

Author

Listed:
  • Bruno Deffains

    (BETA - Bureau d'Économie Théorique et Appliquée - INRA - Institut National de la Recherche Agronomique - UNISTRA - Université de Strasbourg - UL - Université de Lorraine - CNRS - Centre National de la Recherche Scientifique, CNRS - Centre National de la Recherche Scientifique)

  • Dominique Demougin

    (EBS Paris - European Business School Paris)

Abstract

We provide a comparison of the adversarial and inquisitorial trial procedures. We find that social costs associated with a given level of justice are always smaller under the adversarial rule. Nevertheless, the inquisitorial rule may be better because it allows for state control of all the investigative expenditures. In contrast, under the adversarial procedure, investigative expenditures will be mainly constrained by individual wealth, leading to inefficient justice levels, higher social cost, and potentially large inequalities.

Suggested Citation

  • Bruno Deffains & Dominique Demougin, 2005. "Inquisitorial and Adversarial Procedure in a Criminal Court Setting," Post-Print hal-00279243, HAL.
    • Handle: RePEc:hal:journl:hal-00279243
    DOI: 10.1628/jite-2008-0018
    as

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    Cited by:

    1. is not listed on IDEAS
    2. Chulyoung Kim, 2017. "An economic rationale for dismissing low-quality experts in trial," Scottish Journal of Political Economy, Scottish Economic Society, vol. 64(5), pages 445-466, November.
    3. Chulyoung Kim & Paul S. Koh, 2020. "Court‐appointed experts and accuracy in adversarial litigation," International Journal of Economic Theory, The International Society for Economic Theory, vol. 16(3), pages 282-305, September.
    4. Chulyoung Kim, 2014. "Partisan Advocates," Bulletin of Economic Research, Wiley Blackwell, vol. 66(4), pages 313-332, October.
    5. Christoph Engel & Urs Schweizer, 2008. "Editorial Preface," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(1), pages 1-3, March.
    6. Yves Oytana & Nathalie Chappe, 2018. "Expert opinion in a tort litigation game," European Journal of Law and Economics, Springer, vol. 46(1), pages 67-107, August.
    7. Chulyoung Kim, 2014. "Adversarial and Inquisitorial Procedures with Information Acquisition," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(4), pages 767-803.
    8. Kim, Chulyoung, 2015. "Centralized vs. Decentralized Institutions for Expert Testimony," MPRA Paper 69618, University Library of Munich, Germany.
    9. Marie Obidzinski & Yves Oytana, 2020. "Presumption of Innocence and Deterrence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 176(2), pages 377-412.
    10. William J. Stuntz, 2008. "Inequality and Adversarial Criminal Procedure. Comment," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(1), pages 47-51, March.
    11. Bertrand Crettez & Bruno Deffains, 2008. "On the Role of Inequalities in Legal Systems: A Tocquevilian View," Working Papers hal-04140746, HAL.

    More about this item

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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