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Miscarriages of justice in judges’ mind: theory and experimental evidence

Author

Listed:
  • Stefania Ottone

    (Department of Economics and Statistics “Cognetti de Martiis”, University of Turin)

  • Ferruccio Ponzano

    (DIGSPES, Department, University of Piemonte Orientale)

  • Margherita Saraceno

    (Department of Law, University of Pavia)

  • Luca Zarri

    (University of Verona)

Abstract

This study investigates—both theoretically and by means of a controlled laboratory experiment—judges’ decisions in cases when either “type-I” errors (i.e., convicting an innocent defendant) or “type-II” errors (i.e., acquitting a guilty defendant) can occur. Our findings indicate that judges are sensitive to both types of error. Furthermore, in both error scenarios we detect “compensatory leniency” in judicial decision making, with participants seeming to balance the inherent trade-off between the errors by managing jointly the two key levers that they are given by our design: (1) the decision on conviction/acquittal and (2) the decision on the severity of punishment.

Suggested Citation

  • Stefania Ottone & Ferruccio Ponzano & Margherita Saraceno & Luca Zarri, 2025. "Miscarriages of justice in judges’ mind: theory and experimental evidence," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 42(2), pages 479-499, July.
    • Handle: RePEc:spr:epolit:v:42:y:2025:i:2:d:10.1007_s40888-025-00357-2
    DOI: 10.1007/s40888-025-00357-2
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    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other
    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior

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