沉默权的效应

The Effects of a Right to Silence

Review of Economic Studies · 2005
被引 28
人大 A+FT50ABS 4*

中文导读

通过博弈模型分析沉默权的影响,发现沉默权可以减少无辜者被错误定罪,且可能降低整体定罪率而不影响认罪率,并用数据验证了模型。

Abstract

Contrary to conventional wisdom, a right to silence can reduce wrongful convictions of innocent suspects who tell police the truth, and may reduce the overall conviction rate without affecting the confession rate. We establish these conclusions by modelling interrogation as a game in which suspects are privately informed of their type, but do not know the content of witness reports. Our model has testable implications which distinguish it from competing models. The best data rejects competing models, but does not reject our model. Copyright 2005, Wiley-Blackwell.

沉默权错判讯问博弈供述率