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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

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Working Paper

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Boston University School of Law




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.

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