A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials
This 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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Volume (Year): 167 (2011)
Issue (Month): 2 (June)
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- Andreoni, J., 1989.
"Reasonable Doubt And The Optimal Magnitude Of Fines: Should The Penalty Fit The Crime,"
8908, Wisconsin Madison - Social Systems.
- James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
- Gary S. Becker, 1968.
"Crime and Punishment: An Economic Approach,"
Journal of Political Economy,
University of Chicago Press, vol. 76, pages 169-169.
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