The effect of evidentiary rules on conviction rates

Document Type

Article

Publication Date

11-2022

Journal Title

Journal of Economic Behavior & Organization

ISSN

0167-2681

DOI

10.1016/j.jebo.2022.09.026

Abstract

Evidentiary rules for criminal trials disallow various forms of probative evidence. Conventional wisdom assumes these rules benefit all defendants, whether guilty or innocent, and thus reduce wrongful convictions at the price of more wrongful acquittals. We show the conventional view only holds under stylized conditions. We further identify properties of evidence generation mechanisms under which the conventional view is backward: an evidentiary rule will harm the innocent and protect the guilty. However, if adjudicators place too much weight on the evidence, its exclusion can reduce both wrongful convictions and wrongful acquittals.

First Page

563

Last Page

576

Num Pages

14

Volume Number

203

Publisher

Elsevier

Link to Full Text

SSRN

Share

COinS