Political Economy of Criminal Procedure

36 Pages Posted: 17 Apr 2008

See all articles by Keith N. Hylton

Keith N. Hylton

Boston University - School of Law

Vikramaditya S. Khanna

University of Michigan Law School


This chapter presents a public choice theory of criminal procedure. The core idea is that criminal procedure is best understood as a set of rules designed to thwart attempts to use the state's law enforcement power in a predatory fashion or in order to transfer wealth generally. For the most part we focus on a set of core procedural protections that can be considered long-established norms.

Keywords: public choice, rent seeking, criminal procedure theory, reasonable doubt standard, double jeopardy, ex post facto clause, due process, error costs, selective enforcement, cruel and unusual punishment

JEL Classification: K00, K14, K19, K39, K49

Suggested Citation

Hylton, Keith N. and Khanna, Vikramaditya S., Political Economy of Criminal Procedure. Boston Univ. School of Law Working Paper No. 08-16. Available at SSRN: https://ssrn.com/abstract=1121441 or http://dx.doi.org/10.2139/ssrn.1121441

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

Vikramaditya S. Khanna

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-615-6959 (Phone)

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