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Note that, in contrast with the standard bargaining literature, it is plausible to posit a last stage because defendants have an incentive to delay, thereby necessitating that courts set a deadline. 3 ECONOMICS OF SETTLEMENT Figure 1 39 Equilibrium in a screening model. The second term above is the expected cost of settlement to D because all types at and below d˜ accept the offer pd˜ − tP (they do no better, and most do worse, at ˜ weights the offer by the fraction of types who will accept it.

What explains the difference in attitude? Why are certain forms of behavior formally criminalized in some societies and not others? Some of the most important contemporary problems in comparative penalization have to do with the business sector. In which societies are business executives exposed to the serious danger of prosecution, and why? When and why are antitrust violations subject to criminal prosecution? Prosecution of politicians is another example of great current importance: Politicians are much more actively prosecuted in some countries, such as Italy, than in others, such as Germany.

Press Tonry M, Frase R, eds. 2001. Sentencing and Sanctions in Western Countries. Oxford: Oxford Univ. Press Wacquant L. 1999. Les Prisons de la mis`ere. Paris: Raisons d’agir Wetzell R. 2000. Inventing the Criminal: A History of German Criminology, 1880-1945. Chapel Hill: Univ. N. C. Press Whitman J. 2003. Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe. New York: Oxford Univ. Press Zimring F. 2003. The Contradictions of American Capital Punishment. New York: Oxford Univ.

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Annual Review of Law and Social Science by EDITOR AND ASSOCIATE EDITORS


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