IDEAS home Printed from https://ideas.repec.org/p/yor/yorken/00-07.html
   My bibliography  Save this paper

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://www.york.ac.uk/media/economics/documents/discussionpapers/2000/0007.pdf
    Download Restriction: no
    ---><---

    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
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Goodman, John C. & Porter, Philip, 2002. "Is the criminal justice system just?," International Review of Law and Economics, Elsevier, vol. 22(1), pages 25-39, July.
    2. Garoupa, Nuno & Stephen, Frank, 2003. "A Note on Optimal Law Enforcement with Legal Aid," CEPR Discussion Papers 4113, C.E.P.R. Discussion Papers.
    3. Hugh Gravelle & Nuno Garoupa, 2002. "Optimal Deterrence with Legal Defense Expenditure," Economic Inquiry, Western Economic Association International, vol. 40(3), pages 366-379, July.
    4. Nøstbakken, Linda, 2008. "Fisheries law enforcement--A survey of the economic literature," Marine Policy, Elsevier, vol. 32(3), pages 293-300, May.
    5. Funk, Patricia, 2004. "On the effective use of stigma as a crime-deterrent," European Economic Review, Elsevier, vol. 48(4), pages 715-728, August.
    6. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    7. Montag, Josef & Tremewan, James, 2020. "Let the punishment fit the criminal: An experimental study," Journal of Economic Behavior & Organization, Elsevier, vol. 175(C), pages 423-438.
    8. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    9. Eide, Erling & Rubin, Paul H. & Shepherd, Joanna M., 2006. "Economics of Crime," Foundations and Trends(R) in Microeconomics, now publishers, vol. 2(3), pages 205-279, December.
    10. Nuno Garoupa & Jonathan Klick & Francesco Parisi, 2006. "A law and economics perspective on terrorism," Public Choice, Springer, vol. 128(1), pages 147-168, July.
    11. Jeong-Yoo Kim, 2013. "A note on the non-maximality of the optimal fines when the apprehension probability depends on the offense rate," European Journal of Law and Economics, Springer, vol. 36(1), pages 131-138, August.
    12. Bowles, Roger & Faure, Michael & Garoupa, Nuno, 2000. "Economic analysis of the removal of illegal gains," International Review of Law and Economics, Elsevier, vol. 20(4), pages 537-549, December.
    13. Anna Rita Germani, 2007. "The Environmental Enforcement in the Civil and the Common Law Systems. A Case on the Economic Effects of Legal Institutions," Quaderni DSEMS 22-2007, Dipartimento di Scienze Economiche, Matematiche e Statistiche, Universita' di Foggia.
    14. 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.
    15. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
    16. Tim Friehe & Thomas J. Miceli, 2017. "On Punishment Severity and Crime Rates," American Law and Economics Review, American Law and Economics Association, vol. 19(2), pages 464-485.
    17. Harold Houba & Evgenia Motchenkova & Quan Wen, 2018. "Legal Principles in Antitrust Enforcement," Scandinavian Journal of Economics, Wiley Blackwell, vol. 120(3), pages 859-893, July.
    18. Nathan Berg & Jeong-Yoo Kim, 2015. "Quantity Restrictions with Imperfect Enforcement in an Overused Commons: Permissive Regulation to Reduce Overuse?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(2), pages 308-329, June.
    19. Echazu, Luciana & Garoupa, Nuno, 2012. "Why not adopt a loser-pays-all rule in criminal litigation?," International Review of Law and Economics, Elsevier, vol. 32(2), pages 233-241.
    20. Celik, Gorkem & Sayan, Serdar, 2005. "To Give In or Not To Give In To Bribery? Setting the Optimal Fines for Violations of Rules when the Enforcers are Likely to Ask for Bribes," Microeconomics.ca working papers celik-05-08-03-12-50-26, Vancouver School of Economics, revised 06 Aug 2008.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:yor:yorken:00/07. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Paul Hodgson (email available below). General contact details of provider: https://edirc.repec.org/data/deyoruk.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.