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.
Bridging Economic and Legal Perspectives
Chapter 6: The law enforcement environment at the national and international level
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
The result of law enforcement strategies will critically depend on contextual factors at the national level. Countries find themselves in different ‘law enforcement equilibria’—some societies are far more challenged than others, and while there are criminal justice principles that appear universal, it seems nearly impossible for some governments to get to the stage where these principles are recognized and protected. Reform-friendly governments are also challenged by the presence of ‘international infrastructures’ for corruption—financial secrecy, structures for rapid capital movement, and the opportunity for beneficial owners to hide their identity—all aspects that challenge law enforcers, especially in developing countries. Taking these realities into account, this chapter discusses the challenges and solutions at both the national and international level.
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