CHAMPAIGN, Ill. — Adopting a loser-pays-all rule for criminal litigation would likely be feasible only if the rule applied to defendants who are wealthy, says a study from a University of Illinois law professor.
Nuno Garoupa, the H. Ross and Helen Workman Research Scholar in the College of Law, says a loser-pays-all rule could deter some crime when it's applied to either a corporation or an individual with deep pockets. But when defendants are not wealthy, such cost-shifting would be "wholly inappropriate," he says.