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Perjury versus Truth-Revelation: Quantity or Quality of Testimony

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  • Winand Emons

Abstract

In trials witnesses often slant their testimony to advance their interests.To obtain truthful testimony, courts rely on perjury rules. We show that perjury rules are not truth-revealing and we derive a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. If the judge uses a truth-revealing mechanism, he will get less testimony than under perjury because the defendant will not present a witness with unfavorable news; however, testimony is of higher quality. We show that a court striving for precision prefers truth-revelation to perjury. If the court is rational in the Bayesian sense, chances for the defendant to prevail are the same under perjury and truth-revelation from an ex ante point of view. Truth-revelation thus dominates perjury even when the lower quantity of testimony is taken into account.

Suggested Citation

  • Winand Emons, 2001. "Perjury versus Truth-Revelation: Quantity or Quality of Testimony," Diskussionsschriften dp0103, Universitaet Bern, Departement Volkswirtschaft.
  • Handle: RePEc:ube:dpvwib:dp0103
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    References listed on IDEAS

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    Cited by:

    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.
    2. Matthew Braham & Friedel Bolle, 2006. "A difficulty with oaths: On trust, trustworthiness, and signalling," European Journal of Law and Economics, Springer, vol. 22(3), pages 219-232, November.

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    More about this item

    Keywords

    litigation process; witness; truth-revelation; mechanism design; perjury rule;
    All these keywords.

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • 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

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