Prevention of Crime and the Optimal Standard of Proof in Criminal Law

    Research output: Working paperResearch

    Abstract

    The standard of proof in criminal law a®ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a®ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal standardfrom a trade-o® between these e®ects, and applies the expression tothe crime of sexual violation against women. For this crime, social preferencesfor justice versus prevention of crime are elicited through a surveyand inserted into the expression for the optimal standard. The result indicatesthat the concern for prevention of crime may have a signi¯cant e®ecton the optimal standard of proof.
    The standard of proof in criminal law a®ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a®ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal standardfrom a trade-o® between these e®ects, and applies the expression tothe crime of sexual violation against women. For this crime, social preferencesfor justice versus prevention of crime are elicited through a surveyand inserted into the expression for the optimal standard. The result indicatesthat the concern for prevention of crime may have a signi¯cant e®ecton the optimal standard of proof.
    LanguageEnglish
    Place of PublicationKøbenhavn
    Number of pages24
    StatePublished - 2003

    Keywords

      Cite this

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      title = "Prevention of Crime and the Optimal Standard of Proof in Criminal Law",
      abstract = "The standard of proof in criminal law a{\circledR}ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a{\circledR}ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal standardfrom a trade-o{\circledR} between these e{\circledR}ects, and applies the expression tothe crime of sexual violation against women. For this crime, social preferencesfor justice versus prevention of crime are elicited through a surveyand inserted into the expression for the optimal standard. The result indicatesthat the concern for prevention of crime may have a signi¯cant e{\circledR}ecton the optimal standard of proof.",
      keywords = "strafferet, bevis, social retf{\ae}rdighed, kriminalitet, kriminologi",
      author = "Henrik Lando",
      year = "2003",
      language = "English",
      type = "WorkingPaper",

      }

      Prevention of Crime and the Optimal Standard of Proof in Criminal Law. / Lando, Henrik.

      København, 2003.

      Research output: Working paperResearch

      TY - UNPB

      T1 - Prevention of Crime and the Optimal Standard of Proof in Criminal Law

      AU - Lando,Henrik

      PY - 2003

      Y1 - 2003

      N2 - The standard of proof in criminal law a®ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a®ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal standardfrom a trade-o® between these e®ects, and applies the expression tothe crime of sexual violation against women. For this crime, social preferencesfor justice versus prevention of crime are elicited through a surveyand inserted into the expression for the optimal standard. The result indicatesthat the concern for prevention of crime may have a signi¯cant e®ecton the optimal standard of proof.

      AB - The standard of proof in criminal law a®ects retributive justice throughthe number of wrong convictions and wrong acquittals. It also a®ects thelevel of crime, since a higher standard of proof implies less deterrence andless incapacitation. This article derives an expression for the optimal standardfrom a trade-o® between these e®ects, and applies the expression tothe crime of sexual violation against women. For this crime, social preferencesfor justice versus prevention of crime are elicited through a surveyand inserted into the expression for the optimal standard. The result indicatesthat the concern for prevention of crime may have a signi¯cant e®ecton the optimal standard of proof.

      KW - strafferet

      KW - bevis

      KW - social retfærdighed

      KW - kriminalitet

      KW - kriminologi

      M3 - Working paper

      BT - Prevention of Crime and the Optimal Standard of Proof in Criminal Law

      CY - København

      ER -