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The Economics of Criminal Procedure

Author

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  • Thomas Miceli

    (University of Connecticut)

Abstract

Criminal procedure concerns the rules regarding the treatment of criminal defendants during the time from their arrest until the determination of a final verdict. From an economic perspective, the goal of this process is to achieve the most accurate determination of guilt at the lowest possible cost. The process encompasses plea bargaining, the bail system, rules regarding the determination of guilt at trial, and appeal. Criminal procedure also affects deterrence because it ultimately determines the expected punishment imposed on offenders. However, uncertainty in enforcement necessarily leads to a conflict between the goals of deterrence and error avoidance.

Suggested Citation

  • Thomas Miceli, 2007. "The Economics of Criminal Procedure," Working papers 2007-24, University of Connecticut, Department of Economics.
  • Handle: RePEc:uct:uconnp:2007-24
    Note: I acknowledge the insightful comments of Richard Adelstein.
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    File URL: http://web2.uconn.edu/economics/working/2007-24.pdf
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    Cited by:

    1. Mongrain, Steeve & Roberts, Joanne, 2009. "Plea bargaining with budgetary constraints," International Review of Law and Economics, Elsevier, vol. 29(1), pages 8-12, March.

    More about this item

    Keywords

    Criminal procedure; plea bargaining; rules of evidence;

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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