Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline.
The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing.
This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policymakers will also find it a valuable addition to their collections.
Edited by Alon Harel, Phillip & Estelle Mizock Professor of Law, Hebrew University, Israel and Professor of Law, Boston University and Keith N. Hylton, Honorable Paul. J. Liacos Professor of Law, Boston University, US
Contents: Introduction 1. Economic Analysis of Criminal Law: A Survey Alon Harel 2. The Scope of Criminal Law Murat C. Mungan 3. Some Notes on Property Rules, Liability Rules, and Criminal Law Keith N. Hylton 4. Accuracy in Criminal Sanctions Robert A. Mikos 5. Wealth Redistribution and the Social Costs of Crime and Law Enforcement Avraham D. Tabbach 6. Deterrence and Incapacitation Models of Criminal Punishment: Can the Twain Meet? Thomas J. Miceli 7. Corporate Criminal Liability: Theory and Evidence Jennifer Arlen 8. Stumbling into Crime: Stochastic Process Models of Accounting Fraud Michael D. Guttentag 9. The Economics of Prosecutors Nuno Garoupa 10. Mobile Phones and Crime Deterrence: An Underappreciated Link Jonathan Klick, John MacDonald and Thomas Stratmann Index