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Criminal justice systems are subject to multiple expectations from politicians and society, and for this reason, it is difficult to define cross-cutting efficiency criteria. A narrow efficiency concept, however, easily leads to partial solutions, where progress in one area comes at the cost of other law enforcement objectives. This chapter outlines an efficiency concept in which crime deterrence, fair process, and value for money are all treated as imperative factors, and trade-offs between these aims are addressed. The concept offers a useful perspective on criminal justice difficulties, including how organizations in the private and public sector should be held criminally liable for corruption, and taking into consideration the prosecutor’s position in relation to efficient law enforcement.
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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.
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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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The introduction outlines the scope of the book, and describes the problem of corruption, pointing out common criminal law enforcement challenges, and offering better anticorruption solutions by drawing on both legal and economic reasoning. The phenomenon of corruption is described and defined, as are other key concepts, such as what is meant when referring to the criminal justice system, or a country’s integrity mechanisms, and why is it necessary to identify efficiency criteria for criminal law enforcement. Law and economics offer a broad range of tools for controlling corruption; how they are used depends on mutual understanding and collaboration between the disciplines.
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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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Tina Søreide

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Tina Søreide