证人恐吓

Witness Intimidation

Journal of Legal Studies · 2010
被引 11
ABS 3

中文导读

研究了证人恐吓中的策略互动和双向不确定性,发现提高证词价值可能反而导致定罪率下降,尤其在恐吓严重时社区可能陷入集体沉默。

Abstract

Witness intimidation involves strategic complexity and two-sided uncertainty: criminals cannot know whether threats will deter witnesses, and witnesses cannot know whether threats will be carried out. We model this interaction and explore how rates of intimidation, testimony, and conviction respond to changes in the value of testimony, relations between the police and the community, and witness protection programs. If the value of testimony rises, criminals face stronger incentives to threaten, but threats are less credible. The increase in threats may be large enough to offset the greater value of testimony, with the paradoxical outcome that fewer criminals are convicted. Counterintuitive results are most likely when witness intimidation is a severe problem: few witnesses testify although prosecutors are competent. When the harm faced by witnesses depends on whether the criminal is convicted, communities can be trapped in equilibria with collective silence: no witness testifies because none expects others to testify.

犯罪学法律经济学社会心理学政治学