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Truth-Revealing Mechanisms for Courts

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Author Info
Robert Cooter
Winand Emons

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Abstract

In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truthrevealing mechanism. Moreover, we develop a truth-revealingmechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually finds that the testimony was incorrect; the court need not determine that testimony was dishonest. We explain how truth-revealing mechanisms could combat distortions of observations by factual witnesses and exaggerations by experts, including "junk science".

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Publisher Info
Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 159 (2003)
Issue (Month): 2 (June)
Pages: 259-
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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200306)159:2_259:tmfc_2.0.tx_2-i

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Find related papers by JEL classification:
D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information
K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:

  1. Richard A. Posner, 1999. "The Law and Economics of the Economic Expert Witness," Journal of Economic Perspectives, American Economic Association, vol. 13(2), pages 91-99, Spring. [Downloadable!] (restricted)
  2. Emons, Winand, 1994. "The provision of environmental protection measures under incomplete information: An introduction to the theory of mechanism design," International Review of Law and Economics, Elsevier, vol. 14(4), pages 479-491, December. [Downloadable!] (restricted)
    Other versions:
  3. Roger B. Myerson, 1983. "Bayesian Equilibrium and Incentive-Compatibility: An Introduction," Discussion Papers 548, Northwestern University, Center for Mathematical Studies in Economics and Management Science. [Downloadable!]
  4. Emons, Winand & Sobel, Joel, 1991. "On the Effectiveness of Liability Rules when Agents Are Not Identical," Review of Economic Studies, Blackwell Publishing, vol. 58(2), pages 375-90, April. [Downloadable!] (restricted)
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  5. Michael J. Mandel, 1999. "Going for the Gold: Economists as Expert Witnesses," Journal of Economic Perspectives, American Economic Association, vol. 13(2), pages 113-120, Spring. [Downloadable!] (restricted)
  6. Grossman, Sanford J & Hart, Oliver D, 1983. "An Analysis of the Principal-Agent Problem," Econometrica, Econometric Society, vol. 51(1), pages 7-45, January. [Downloadable!] (restricted)
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  7. Holmstrom, Bengt & Myerson, Roger B, 1983. "Efficient and Durable Decision Rules with Incomplete Information," Econometrica, Econometric Society, vol. 51(6), pages 1799-819, November. [Downloadable!] (restricted)
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  8. Robert Thornton & John Ward, 1999. "The Economist in Tort Litigation," Journal of Economic Perspectives, American Economic Association, vol. 13(2), pages 101-112, Spring. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Robert Cooter & Winand Emons, 2004. "Truth-Bonding and Other Truth-Revealing Mechanisms for Courts," European Journal of Law and Economics, Springer, vol. 17(3), pages 307-327, May. [Downloadable!] (restricted)
    Other versions:
  2. Robert Cooter & Nuno Garoupa, 2000. "The Virtuous Circle of Distrust: A Mechanism to Deter Bribes and Other Cooperative Crimes," Berkeley Olin Program in Law & Economics, Working Paper Series 1057, Berkeley Olin Program in Law & Economics. [Downloadable!]
  3. Winand Emons & Claude Fluet, 2007. "Accuracy versus Falsification Costs: the Optimal Amount of Evidence under Different Procedures," Cahiers de recherche 0703, CIRPEE. [Downloadable!]
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  4. Winand Emons & Claude Fluet, 2005. "The Optimal Amount of Falsfied Testimony," Diskussionsschriften dp0506, Universitaet Bern, Departement Volkswirtschaft. [Downloadable!]
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  5. Winand Emons, 2001. "Perjury versus Truth-Revelation: Quantity or Quality of Testimony," Diskussionsschriften dp0103, Universitaet Bern, Departement Volkswirtschaft. [Downloadable!]
    Other versions:
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