Download this Paper Open PDF in Browser

Detection Avoidance and Enforcement Theory: Survey and Assessment

36 Pages Posted: 9 Nov 2010 Last revised: 17 Jun 2011

Chris William Sanchirico

University of Pennsylvania Law School; University of Pennsylvania Wharton School - Business Economics and Public Policy Department

Date Written: November 5, 2010

Abstract

The conventional economic model of enforcement focuses on the cost and effect of the state’s efforts to detect violations. This survey considers attempts to add to this framework the cost and effect of violators’ efforts to avoid detection. The survey describes how the conventional model must be altered to accommodate detection avoidance, and how results derived within the conventional framework are accordingly affected. The survey also considers policies directed at detection avoidance itself. It describes how the recursive nature of detection avoidance effects the efficacy of sanctioning detection avoidance. It also considers alternative, "technological" approaches.

Keywords: Perjury, Obstruction, Contempt, Evidence Tampering, Witness Intimidation, Discovery Sanctions, Spoliation, Evidence Destruction, Document Retention Policies, Detection Avoidance, Sanctioning Detection Avoidance, Recursivity of Detection Avoidance, Technological Approach to Detection Avoidance

JEL Classification: K40, K41

Suggested Citation

Sanchirico, Chris William, Detection Avoidance and Enforcement Theory: Survey and Assessment (November 5, 2010). U of Penn, Inst for Law & Econ Research Paper Series No. 10-29. Available at SSRN: https://ssrn.com/abstract=1705406 or http://dx.doi.org/10.2139/ssrn.1705406

Chris William Sanchirico (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-4220 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csanchir/

University of Pennsylvania Wharton School - Business Economics and Public Policy Department

3641 Locust Walk
Philadelphia, PA 19104-6372
United States

Paper statistics

Downloads
140
Rank
174,313
Abstract Views
978