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 4: Economic reasoning on corruption

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

Economists offer pragmatic solutions for efficient crime deterrence, and this chapter lists solutions that are of particular relevance for corruption—addressing both individual and corporate criminal liability. Economic analyses of incentives for corruption are useful for developing targeted monitoring systems, principles for sentencing, and tools for promoting self-reporting by those involved in the crime. Legal scholars, however, are often skeptical about economic solutions that are developed with the aim of deterrence alone, claiming that moral values are treated simplistically. Efforts to better understand where moral values come from—and what implications this understanding should have for criminal law strategies—are likely to improve collaboration between the disciplines and strengthen the prospects for more efficient enforcement.

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