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The effect of evidentiary rules on conviction rates.

Authors :
Lundberg, Alexander
Mungan, Murat
Source :
Journal of Economic Behavior & Organization. Nov2022, Vol. 203, p563-576. 14p.
Publication Year :
2022

Abstract

• Conventional wisdom assumes evidentiary rules in criminal trials protect defendants. • Evidentiary rules may increase wrongful convictions and reduce rightful convictions. • If adjudicators are unbiased, evidentiary rules cannot improve accuracy in verdicts. • If adjudicators are biased, evidentiary rules may improve accuracy in verdicts. 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. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
01672681
Volume :
203
Database :
Academic Search Index
Journal :
Journal of Economic Behavior & Organization
Publication Type :
Academic Journal
Accession number :
159859471
Full Text :
https://doi.org/10.1016/j.jebo.2022.09.026