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Presumption of Innocence and Deterrence

Author

Listed:
  • Marie Obidzinski

    (CRED - Centre de Recherche en Economie et Droit - Université Paris-Panthéon-Assas)

  • Yves Oytana

    (CRESE - Centre de REcherches sur les Stratégies Economiques (UR 3190) - UFC - Université de Franche-Comté - UBFC - Université Bourgogne Franche-Comté [COMUE])

Abstract

Prodefendant rules in criminal procedure, such as the presumption of innocence, are usually suspected of undermining deterrence. We investigate the soundness of this claim in a model in which criminal-law enforcers decide about their investigating effort under either the presumption of innocence or the presumption of guilt. We show, under some conditions, that the presumption of innocence may minimize the social costs of crime, when compared to the presumption of guilt, by inducing the law enforcer to increase investigative efforts, thereby improving deterrence.

Suggested Citation

  • Marie Obidzinski & Yves Oytana, 2020. "Presumption of Innocence and Deterrence," Post-Print hal-04035073, HAL.
    • Handle: RePEc:hal:journl:hal-04035073
    DOI: 10.1628/jite-2020-0025
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    Cited by:

    1. is not listed on IDEAS
    2. Murat C Mungan & Marie Obidzinski & Yves Oytana, 2023. "Accuracy and Preferences for Legal Error," American Law and Economics Review, American Law and Economics Association, vol. 25(1), pages 190-227.
    3. repec:pra:mprapa:113760 is not listed on IDEAS

    More about this item

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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