Academic

Allen & Lauden on Errors, Evidence, and Criminal Process

By Lawrence Solum

Ronald J. Allen and Larry Laudan (Northwestern University Law School , Instituto de Investigaciones Filosoficas and University of Texas School of Law) have posted Deadly Dilemmas on SSRN. Here is the abstract:

The implications of errors and error rates are examined in this paper. It is demonstrated that the reliance on comparing the number of false acquittals to false convictions at trial (the Blackstone Ratio) as an estimate of how well a criminal justice system is operating is ill-advised in that generates very peculiar results (including at times no results at all), and can lead to morally perverse results. Other estimates of errors at trial (such as comparing the number of false convictions to total convictions) likewise lead to curious results. Focusing on such ratios neglects that social welfare depends on the total outcome of the trial process (false and true acquittals and convictions) and on the relationship between such outcomes, pleas, and crime rates. Some modest suggestions are made concerning ways in which these relationships may be optimized.

A bracing  and illuminating paper.  Highly recommended. Download it while its hot!

Full post as published by Legal Theory Blog on June 25, 2008 (boomark / email).