Corruption and Criminal Justice

Corruption and Criminal Justice

Bridging Economic and Legal Perspectives

Tina Søreide

The author addresses the role of criminal justice in anti-corruption by investigating assumptions in the classic law and economics approach and debating the underlying criteria for an efficient criminal justice system. Drawing on real life challenges from the policy world, the book combines insights from the literature with updated knowledge about practical law enforcement constraints. Political and administrative incentive problems, which may hinder the implementation of efficient solutions, are presented and debated.

Chapter 3: Practical obstacles to efficient criminal law enforcement

Tina Søreide

Subjects: development studies, law and development, economics and finance, economic crime and corruption, law and economics, law - academic, corruption and economic crime, criminal law and justice, law and development, law and economics, law and society, politics and public policy, public policy

Abstract

With numerous examples (mostly from Europe), this chapter describes the character of law enforcement failures along the criminal justice value chain—from inadequate law formulation and crime definitions to obstacles in investigation and prosecution, and eventually, criminal law sentencing and further consequences of sanctions. Enforcement challenges can be the result of inadequate organization, insufficient resources, a lack of competence, and a lack of authority. In some settings, however, the problems are the result of corruption within the judiciary itself, a problem to which no country is immune. Self-seeking tendencies (or clear-cut corruption) among elected politicians is another problem impeding law enforcement. This chapter explains how such problems come to light when they occur.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information