IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this paper or follow this series

An Economic Theory of the Fifth Amendment

  • Hugo Mialon

The Fifth Amendment's due process clause requires the prosecution to share evidence with the defense, and its right to silence blocks the jury from drawing an adverse inference from the defendant's silence during trial. I examine the effect of the right to silence and the disclosure requirement on conviction rates and social welfare in an economic model of criminal trials. Many policy-relevant results emerge. The right to silence can only improve welfare if juries discriminate unduly against defendants. With the right to silence, mandatory disclosure always increases welfare. Mandatory disclosure always reduces the welfare-efficiency of the right to silence. The right to silence combined with mandatory disclosure is more likely to increase welfare than is the right to silence alone. The most efficient mechanism is either mandatory disclosure alone or mandatory disclosure combined with the right to silence.

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

File URL: http://economics.emory.edu/home/assets/workingpapers/hmialon_04_09_paper.pdf
Download Restriction: no

Paper provided by Department of Economics, Emory University (Atlanta) in its series Emory Economics with number 0409.

as
in new window

Length:
Date of creation: Sep 2004
Date of revision:
Handle: RePEc:emo:wp2003:0409
Contact details of provider: Web page: http://economics.emory.edu/home/journals/
Email:


More information through EDIRC

No references listed on IDEAS
You can help add them by filling out this form.

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

When requesting a correction, please mention this item's handle: RePEc:emo:wp2003:0409. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Sue Mialon)

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.

This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.