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- Title
An economic approach on countering the misuse of the right to challenge judges: an experiment.
- Authors
Sonnemans, Joep; van Dijk, Frans; Donders, Bart; Bauw, Eddy
- Abstract
Parties can challenge a judge (request a recusal) when they have reasons to believe that a judge is not impartial. In practice this procedure is sometimes abused by lawyers who, for example, want to delay proceedings. Countries have taken different measures to deter the improper use of the procedure to request a recusal, like fines for dismissed requests, or immediately dismissing evidently unfounded requests. In a laboratory experiment we examine the effects of a summary review whether a challenge is evidently unfounded, with or without fines. We find that a review without fine improves legal protection in practice as well as efficiency by reducing unfounded challenges and increasing challenges that have a substantial chance of success. Overall the number of challenges declines. With a fine, challenges decline, but also legal protection.
- Subjects
LABORATORY experiments in economics; JUDGES; CRIMINAL procedure; CRIMINAL justice system; CRIMINAL complaints
- Publication
European Journal of Law & Economics, 2018, Vol 45, Issue 1, p29
- ISSN
0929-1261
- Publication type
Article
- DOI
10.1007/s10657-016-9539-y