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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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