Efficient Awards and Standards of Proof in Judicial Proceedings
将法院视为被告传递有罪或无罪信号的制度,研究法院如何通过调整证明标准和惩罚力度,最小化两类错误及被告支出带来的社会损失。
We view the court system as an institution that enables defendants to signal their innocence or guilt, and we examine how the court can optimally minimize expected social losses from errors of type I and type II and from expenditures by defendants. Two of the policy instruments assumed available to the court are the standard of proof of one's innocence and the penalty imposed on a defendant who fails to meet the standard. Our analysis focuses on the effects that variations in the levels of these instruments have on the expenditures of defendants.