Some reflections on the economics of prosecutors: Mandatory v 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 since mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.
|Date of creation:||07 Feb 2008|
|Date of revision:|
|Publication status:||Published in International Review of Law and Economics|
|Contact details of provider:|| Postal: |
Web page: http://www.cienciassociales.imdea.org/
More information through EDIRC
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Palumbo, Giuliana, 2006.
"Optimal duplication of effort in advocacy systems,"
Journal of Economic Behavior & Organization,
Elsevier, vol. 60(1), pages 112-128, May.
- Hyun Song Shin, 1998.
"Adversarial and Inquisitorial Procedures in Arbitration,"
RAND Journal of Economics,
The RAND Corporation, vol. 29(2), pages 378-405, Summer.
- Shin, Hyun Song, 1997. "Adversarial and Inquisitorial Procedures in Arbitration," CEPR Discussion Papers 1722, C.E.P.R. Discussion Papers.
- Song Shin, H, 1996. "Adversarial and Inquisitorial Procedures in Arbitration," Economics Papers 124, Economics Group, Nuffield College, University of Oxford.
- 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.
- 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.
- 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.
- 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.
- 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 & 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.
- 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.
- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Eric Rasmusen & Manu Raghav, & Mark Ramseyer, 2008. "Convictions versus Conviction Rates: The Prosecutor’s Choice," Working Papers 2008-16, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
- 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.
- 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.
- 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.
- 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.
When requesting a correction, please mention this item's handle: RePEc:imd:wpaper:wp2008-04. 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: (IMDEA RePEc Maintainer)
If references are entirely missing, you can add them using this form.