CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, August 20, 2014

Hylton on Economic Analysis of Criminal Procedure

Keith N. Hylton (Boston University) has posted Economic Analysis of Criminal Procedure (Forthcoming in THE OXFORD HANDBOOK OF LAW AND ECONOMICS (F. Parisi, ed., 2015)) on SSRN. Here is the abstract:

This essay reviews the economics of criminal procedure, proceeding through four topics in the literature. First, I review the implications of substantive criminal law theories for criminal procedure. The second part discusses the error cost model of criminal procedure, which is the dominant framework and posits that criminal procedure rules are designed to minimize the sum of error and administrative costs. The third part reviews the public choice model of criminal procedure. Under this model, criminal procedure rules are designed largely to regulate rent seeking activity. The last part of this paper is a brief discussion of some of the empirical work on procedure that bears directly on deterrence and welfare effects.

| Permalink


Post a comment