Judicial alignment and criminal justice: evidence from Russian courts

被引:10
作者
Schultz, Andre [1 ]
Kozlov, Vladimir [2 ]
Libman, Alexander [1 ,3 ]
机构
[1] Frankfurt Sch Finance & Management, Dept Econ, Frankfurt, Germany
[2] Natl Res Univ Higher Sch Econ, Dept Demog, Moscow, Russia
[3] Russian Acad Sci, Inst Econ, Moscow V71, Russia
关键词
informal ties; court repressiveness; Russian criminal courts; fraud convictions; prosecutors; judges; INDEPENDENCE; ADVERSARIAL; DECISIONS; LAW;
D O I
10.1080/1060586X.2013.856574
中图分类号
K9 [地理];
学科分类号
0705 ;
摘要
This paper investigates the effect of informal ties between judges (as represented by regional court chairpersons) and prosecutors on the repressive implementation of criminal justice in Russia in the area of fraud convictions. The authors utilize criminal law statistics of Russian regional courts for 2006-2010 to determine the alignment between chairpersons and prosecutors by measuring the length of their mutual career paths. The informal ties have a strong impact on trial outcome, which, however, changes over time. During periods of high bureaucratic risks and uncertainty, regions with a higher extent of informal ties between judges and prosecutors exhibit more repressive law enforcement. If external risks decrease, informal coalitions seem to increase the independence of the courts, insulating them from bureaucratic pressures and limiting their repressiveness.
引用
收藏
页码:137 / 170
页数:34
相关论文
共 58 条
[1]   Economic analysis of corruption: A survey [J].
Aidt, TS .
ECONOMIC JOURNAL, 2003, 113 (491) :F632-F652
[2]  
[Anonymous], 2003, European Journal of Political Economy, DOI DOI 10.1016/S0176-2680(03)00017-X
[3]  
[Anonymous], JUDICIAL ACCOU UNPUB
[4]  
[Anonymous], 1992, EUR J POLIT ECON, DOI DOI 10.1016/0176-2680(92)90028-f
[5]  
[Anonymous], 2011, 125 EBRD
[6]   New tools in comparative political economy: The database of political institutions [J].
Beck, T ;
Clarke, G ;
Groff, A ;
Keefer, P ;
Walsh, P .
WORLD BANK ECONOMIC REVIEW, 2001, 15 (01) :165-176
[7]   The effect of judicial independence on courts: Evidence from the American states [J].
Berkowitz, Daniel ;
Clay, Karen .
JOURNAL OF LEGAL STUDIES, 2006, 35 (02) :399-440
[8]  
Block M., 2000, AM LAW ECON REV, V2, P170
[9]   Decision making in the absence of successful fact finding: theory and experimental evidence on adversarial versus inquisitorial systems of adjudication [J].
Block, MK ;
Parker, JS .
INTERNATIONAL REVIEW OF LAW AND ECONOMICS, 2004, 24 (01) :89-105
[10]   Do the sentencing guidelines influence the retirement decisions of federal judges? [J].
Boylan, RT .
JOURNAL OF LEGAL STUDIES, 2004, 33 (01) :231-253