A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials
AbstractThis paper contributes to the interpretation of the standard of proof in criminal trials in two ways. First, it provides a purely utilitarian explanation as to why there are asymmetric costs associated with false convictions and acquittals. It relies on the fact that noncriminals may engage in precautionary activities in order to avoid false convictions. Second, it shows that this difference in the costs associated with false-conviction and -acquittal rates is under certain circumstances sufficient to justify heightened standards of proofs.
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Bibliographic InfoArticle provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.
Volume (Year): 167 (2011)
Issue (Month): 2 (June)
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Find related papers by JEL classification:
- K00 - Law and Economics - - General - - - General (including Data Sources and Description)
- K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
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- Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.
- Matteo Rizzolli & Margherita Saraceno, 2013. "Better that ten guilty persons escape: punishment costs explain the standard of evidence," Public Choice, Springer, vol. 155(3), pages 395-411, June.
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