沉默权对无辜者的益处

The benefits of a right to silence for the innocent

RAND Journal of Economics · 2010
被引 2
人大 AFT50ABS 4

中文导读

通过模型证明,在刑事诉讼中,无辜嫌疑人行使沉默权能降低被错误定罪的风险,因为沉默比陈述更安全。

Abstract

This article shows that innocent suspects benefit from exercising their right to silence during criminal proceedings. We present a model in which a criminal suspect can either make a statement or remain silent during police interrogation. At trial, the jury observes informative but imperfect signals about the suspect's guilt and the truthfulness of the suspect's statement. We show that a right to silence benefits innocent suspects by providing them with a safer alternative to speech, as well as by reducing the probability of wrongful conviction for suspects who remain silent with and without a right to silence.

沉默权无辜嫌疑人刑事程序错误定罪