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Explaining the Standard of Proof in Criminal Law: A New Insight

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  • Nuno Garoupa

Abstract

Legal economists have explained the standard of proof in criminal law by exploring the asymmetry between social costs of false negatives (acquitting guilty defendants) and false positives (convicting innocent defendants). In a recent article, a model of punitive preferences (individuals with stronger-than-average punishment preferences) was introduced to explain police behavior, law enforcement, and rules of criminal procedure. We extend that model to provide for a new explanation for a more demanding standard of proof in criminal law without relying on exogenous assumptions about the social cost of false negatives and false positives.

Suggested Citation

  • Nuno Garoupa, 2017. "Explaining the Standard of Proof in Criminal Law: A New Insight," Supreme Court Economic Review, University of Chicago Press, vol. 25(1), pages 111-122.
    • Handle: RePEc:ucp:scerev:doi:10.1086/692926
    DOI: 10.1086/692926
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    Cited by:

    1. Murat C Mungan & Marie Obidzinski & Yves Oytana, 2020. "Accuracy and Preferences for Legal Error," Working Papers hal-04229266, HAL.
    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.

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