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

    Research output: Working paperResearch

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    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.
    Original languageEnglish
    Place of PublicationKøbenhavn
    Number of pages24
    Publication statusPublished - 2003

    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.

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    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 -