A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials

Document Type

Article

Publication Date

2011

Journal Title

Journal of Institutional and Theoretical Economics

ISSN

0932-4569

DOI

10.1628/093245611796590030

Abstract

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.

First Page

352

Last Page

370

Num Pages

19

Volume Number

167

Issue Number

2

Publisher

Mohr Siebeck

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