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Economic Theory Of Criminal Law, Keith N. Hylton
Economic Theory Of Criminal Law, Keith N. Hylton
Faculty Scholarship
Economic theory of criminal law consists of normative and positive parts. Normative economic theory, which began with writings by Beccaria and Bentham, aims to recommend an ideal criminal punishment scheme. Positive economic theory, which appeared later in writings by Holmes and Posner, aims to justify and to better understand the criminal law rules that exist. Since the purpose of criminal law is to deter socially undesirable conduct, economic theory, which emphasizes incentives, would appear to be an important perspective from which to examine criminal law.
Positive economic theory, applied to substantive criminal law, seeks to explain and to justify criminal …
Ethical And Effective Representation In Arkansas Capital Trials, J. Thomas Sullivan
Ethical And Effective Representation In Arkansas Capital Trials, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
The Theory Of Penalties And The Economics Of Criminal Law, Keith N. Hylton
The Theory Of Penalties And The Economics Of Criminal Law, Keith N. Hylton
Faculty Scholarship
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when penalties should be set to internalize social costs and when they should be set to completely deter offensive conduct. I use the model to generate a positive account of the function and scope of criminal law doctrines, such as intent, necessity, and rules governing the distinction between torts and crimes. The model is also consistent with the history of criminal …
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Faculty Scholarship
No abstract provided.