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SSRN Electronic Journal
Article . 2017 . Peer-reviewed
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Reasonable Doubt Revisited

Authors: Tsakas, Elias;

Reasonable Doubt Revisited

Abstract

Choice rules based on probability thresholds are common in several disciplines. The most well-known application of such a threshold rule is the standard of reasonable doubt. Accordingly, a rational juror prefers to convict a defendant if and only if the probability that she attaches to the defendant being guilty is above a given threshold. In this paper we prove that generically such a threshold exists if and only if the juror reasons only about two events, viz., the defendant's guilt and innocence. This result implies that threshold rules are usually inconsistent with individual rationality. Thus, if we insist on using a threshold choice rule, we will have to accept some irrational convictions (false negatives) or some irrational acquittals (false positives) or both. We subsequently characterize each probability threshold in terms of the irrationalities that it induces. Finally, we discuss the empirical implications of our theory.

Country
Netherlands
Related Organizations
Keywords

Search; Learning; Information and Knowledge; Communication; Belief, the Legal System, d83 - "Search; Learning; Information and Knowledge; Communication; Belief", Criteria for Decision-Making under Risk and Uncertainty, Legal Procedure, k40 - Legal Procedure, and Illegal Behavior: General, d81 - Criteria for Decision-Making under Risk and Uncertainty, k41 - Litigation Process, Litigation Process

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze