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Does Efficient Deterrence Require that the Wealthy Should Be Able to Buy Justice?

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  • Nuno Garoupa
  • Hugh Gravelle

Abstract

It has been argued that there will be more efficient deterrence if no restrictions are placed on the ability of the rich to buy better legal representation than the poor when accused of a crime: such restrictions lead to over-deterrence of the wealthy. We show that the conclusion does not hold when account is taken of the effect of restrictions on legal defence expenditure on the extent of under-deterrence.

Suggested Citation

  • Nuno Garoupa & Hugh Gravelle, "undated". "Does Efficient Deterrence Require that the Wealthy Should Be Able to Buy Justice?," Discussion Papers 00/07, Department of Economics, University of York.
    • Handle: RePEc:yor:yorken:00/07
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    File URL: https://www.york.ac.uk/media/economics/documents/discussionpapers/2000/0007.pdf
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    References listed on IDEAS

    as
    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
    3. Lott, John R, Jr, 1992. "Do We Punish High Income Criminals Too Heavily?," Economic Inquiry, Western Economic Association International, vol. 30(4), pages 583-608, October.
    4. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June.
    5. Hugh Gravelle & Nuno Garoupa, 2002. "Optimal Deterrence with Legal Defense Expenditure," Economic Inquiry, Western Economic Association International, vol. 40(3), pages 366-379, July.
    6. Lott, John R, Jr, 1987. "Should the Wealthy Be Able to "Buy Justice"?," Journal of Political Economy, University of Chicago Press, vol. 95(6), pages 1307-1316, December.
    7. repec:bla:jecsur:v:11:y:1997:i:3:p:267-95 is not listed on IDEAS
    8. Nuno Garoupa, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    9. Kobayashi, Bruce H. & Lott, John Jr., 1996. "In defense of criminal defense expenditures and plea bargaining," International Review of Law and Economics, Elsevier, vol. 16(4), pages 397-416, December.
    10. repec:bla:econom:v:71:y:2004:i:283:p:493-500 is not listed on IDEAS
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