A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials
Murat C. Mungan
Journal of Institutional and Theoretical Economics (JITE), 2011, vol. 167, issue 2, 352-370
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.
JEL-codes: K00 K14 K42 (search for similar items in EconPapers)
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (9) Track citations by RSS feed
Downloads: (external link)
https://www.mohrsiebeck.com/en/article/a-utilitari ... 28093245611796590030 (text/html)
Fulltext access is included for subscribers to the printed version.
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: https://EconPapers.repec.org/RePEc:mhr:jinste:urn:sici:0932-4569(201106)167:2_352:aujfhs_2.0.tx_2-e
Ordering information: This journal article can be ordered from
Mohr Siebeck GmbH & Co. KG, P.O.Box 2040, 72010 Tübingen, Germany
Access Statistics for this article
Journal of Institutional and Theoretical Economics (JITE) is currently edited by Gerd Mühlheußer and Bayer, Ralph-C
More articles in Journal of Institutional and Theoretical Economics (JITE) from Mohr Siebeck, Tübingen
Bibliographic data for series maintained by Thomas Wolpert ().