skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66903 Find in a Library
Title: INFORMATIONAL PARADOX AND THE PRICING OF CRIME - CAPITAL SENTENCING STANDARDS IN ECONOMIC PERSPECTIVE
Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY  Volume:70  Issue:3  Dated:(FALL 1979)  Pages:281-298
Author(s): R P ADELSTEIN
Date Published: 1979
Page Count: 18
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE FOCUSES ON AN ECONOMIC ANALYSIS OF SENTENCING PROCEDURES AS A BASIS FOR ANALYZING CONSTITUTIONAL ISSUES IN CAPITAL PUNISHMENT CASES.
Abstract: THE CONSTITUTION ALRIGHT TO DUE PROCESS AND THE EIGHTH AMENDMENT'S PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT ARE INHERENTLY SUBJECTIVE CONCEPTS THAT CAN BE DIFFICULT TO APPLY IN SPECIFIC SITUATIONS. AN ECONOMIC ANALYSIS IS PROPOSED TO CLARIFY THE NORMATIVE ISSUES INVOLVED IN INDIVIDUALIZED SENTENCING AND TO REVEAL A RATIONALE THAT CLOSELY CORRESPONDS TO THE RESULTS AND REASONING ACTUALLY USED BY THE COURT. THE DIFFICULTY IN GATHERING AND DISSEMINATING INFORMATION ON THE CONSEQUENCES OF COMMITTING A CRIME AS A CENTRAL PROBLEM IN THE SENTENCING PROCEDURE IS ADDRESSED BY ECONOMIC ANALYSIS. THIS APPROACH TO CONSTITUTIONAL ANALYSIS REQUIRES A FRESH PERSPECTIVE ON THE ECONOMICS OF LEGAL INSTITUTIONS IN GENERAL. THE PAPER SETS FORTH COGNATE MODELS OF THE EXTERNAL COSTS IMPOSED BY TORTIOUS AND CRIMINAL ACTIVITIES AS A DEMONSTRATION THAT MARKETS WILL GENERALLY FAIL TO DEFINE PUNISHMENT PRICES SUFFICIENT TO PERMIT THE COMPLETION OF EFFICIENT TRANSACTIONS. THE WAY IN WHICH AMERICAN LEGAL INSTITUTIONS HAVE EVOLVED TO FULFILL THIS ROLE IS EXAMINED. RECENT DEATH PENALTY CASES (MCGANTHA V. CALIFORNIA AND FURMAN V GEORGIA) ARE INTERPRETED AS AN ATTEMPT TO LESSEN INFORMATIONAL PROBLEMS AND TO FACILITATE A SENTENCING PROCEDURE THAT WILL ENCOURAGE EFFICIENT CRIMES. THE PAPER CONCLUDES WITH A BRIEF DISCUSSION OF THE POSITIVE AND NORMATIVE ASPECTS OF THESE ISSUES AND THE ROLE OF THE CRIMINAL PROCESS IN A LARGER SOCIAL CONTEXT. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED).
Index Term(s): Capital punishment; Constitutional Rights/Civil Liberties; Criminal codes; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66903

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.