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In Dubio Pro Reo. Behavioral explanations of pro-defendant bias in procedures

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  • Antonio Nicita

    ()
    (Department of Economics and Law, La Sapienza University of Rome.)

  • Matteo Rizzolli

    ()
    (Free University of Bozen)

Abstract

The standard model of optimal deterrence predicts that the probability of wrongful conviction of the innocent is, at the margin, as detrimental to deterrence as the probability of wrongful acquittal of guilty individuals. We extend the model in several directions: using expected utility as well as non-expected utility to consider the role of risk aversion, non-linear probability weighting and loss aversion. We also consider how relevant emotions such as guilt, shame and indignation play out. Several of these factors support the intuition that wrongful convictions of the innocent do have a larger detrimental impact on deterrence and thus the policy implications are reconciled with the widely shared maxim in dubio pro reo. We then draw some theoretical implications such as a novel justification for the different standards of proof in criminal vs civil law as well as other policy implications.

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Bibliographic Info

Paper provided by School of Economics and Management at the Free University of Bozen in its series BEMPS - Bozen Economics & Management Paper Series with number BEMPS04.

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Length: 27 pages
Date of creation: Jun 2013
Date of revision:
Handle: RePEc:bzn:wpaper:bemps04

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Keywords: wrongful convictions; Type I errors; wrongful acquittals; Type II errors; evidence; optimal under-deterrence; behavioral economics; risk aversion; loss aversion; prospect theory; prelec function;

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