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Legality and Reality: Some Evidence on Criminal Procedure

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  • William M. Landes

Abstract

There is widespread concern that the criminal justice system, particularly in large urban areas, is breaking down under the strain of an increasing demand for its services and inadequate resources. At the center of the system, located between the police and the prisons, are the criminal courts. Statistics on rising crime rates, recidivism, arbitrary sentencing practices, court delay, and prison riots are taken as further evidence that the courts are failing. What has been notably scarcer is systematic empirical research on the criminal court system - research that can contribute to our understanding of the actual workings of the system and enable us to develop policies for improvement. The purpose of this study is to begin to remedy this deficiency by applying the quantitative techniques of economics to an analysis of some important issues in criminal court procedure.

Suggested Citation

  • William M. Landes, 1974. "Legality and Reality: Some Evidence on Criminal Procedure," NBER Working Papers 0040, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:0040
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    Cited by:

    1. Bruce L. Benson, 2010. "Conclusion," Palgrave Macmillan Books, in: Bruce L. Benson (ed.), Property Rights, chapter 13, pages 257-299, Palgrave Macmillan.
    2. Mongrain, Steeve & Roberts, Joanne, 2009. "Plea bargaining with budgetary constraints," International Review of Law and Economics, Elsevier, vol. 29(1), pages 8-12, March.
    3. James F. Nelson, 1981. "Choosing and Interpreting a Metric for Data Analysis," Evaluation Review, , vol. 5(5), pages 639-670, October.
    4. Joanne Roberts, 2000. "Plea Bargaining with Budgetary Constraints and Deterrence," Working Papers jorob-00-01, University of Toronto, Department of Economics.
    5. Helland, Eric & Tabarrok, Alexander, 2004. "The Fugitive: Evidence on Public versus Private Law Enforcement from Bail Jumping," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 93-122, April.
    6. Robin Stryker & Ilene H. Nagel & John Hagan, 1983. "Methodological Issues in Court Research," Sociological Methods & Research, , vol. 11(4), pages 469-500, May.
    7. repec:clg:wpaper:2009-05 is not listed on IDEAS
    8. William Rhodes & Shelley Matsuba, 1984. "Pretrial Release in Federal Courts," Evaluation Review, , vol. 8(5), pages 692-704, October.

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