Changes in damages when liability rules change
An empirical study on compensation for the time spent in pretrial detention
Bibliographic Data
| ID | 21451850 |
|---|---|
| Authors | Gabriel Doménech-Pascual, Gabriel Doménech Pascual (0000-0002-4996-9715, Universitat de València, corresponding author), Juan Luis Jiménez (0000-0002-3808-2588, Universidad de Las Palmas de Gran Canaria) |
| Year | 2024 |
| Volume | 78 |
| Pages | 106193 |
| Publication date | 2024-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of Law and Economics (JOURNAL) |
| Journal identifiers | ISSN: 0144-8188 • E-ISSN: 1873-6394 |
| Publisher | Elsevier BV (PUBLISHER) |
| DOI | 10.1016/j.irle.2024.106193 |
| OpenAlex | W4393859278 |
| Language | EN |
| References cited | 17 |
In some legal systems, non-convicted pretrial detainees are to be compensated by the Government for the losses derived from their stay on remand. Several theoretical and empirical studies have analyzed some of the consequences of such compensation. This paper finds a result that said studies did not predict: a legal change that relaxed the requirements for compensation is correlated with a reduction in the amount of compensation awarded. We empirically analyze which factors are correlated with the amount of compensation awarded in these cases by Spanish courts from 1990 until today. Our econometrical analysis finds that (i) this amount has drastically decreased after the Supreme Court, by establishing that every non-convicted pretrial detainee is to be compensated, significantly expanded the set of cases where such compensation is due. Moreover: (ii) the longer the time spent on remand, the lower the daily compensation awarded; (iii) those who work receive higher damages than those who do not work, but there are notable (and apparently unjustifiable) differences by type of work; e.g., police officials get much higher awards than other claimants; (iv) we find no gender nor foreign bias
Compensation (psychology) · Damages · Government (linguistics) · Liability · Political science · Remand (court procedure) · Supreme court · Work (physics) · Engineering · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Medical Malpractice and Liability Issues · Psychology · Social Psychology
State Liability for Wrongful Conviction
Exoneree Compensation and Endogenous Plea Bargaining
The Unintended Impact of Pretrial Detention on Case Outcomes
Bargaining in the Shadow of the Law
What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment
The Effect of Pretrial Detention on Labor Market Outcomes
The US Pretrial System
| Citation velocity | historical |
|---|---|
| Highly cited | No |