Why Pro-Defendant Criminal Procedure Might Hurt the Innocent

Mandatory disclosure of evidence and double jeopardy are considered to be among the most important bulwarks against prosecutorial misconducts. While protecting the generality of defendants in the criminal process, we show that under certain reasonable assumptions, these procedural mechanisms hurt innocent defendants by inducing prosecutors to adjust their behavior and thus triggering adverse practices.

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Year of publication:	2008-04
Authors:	Rizzolli, Matteo ; Garoupa, Nuno
Institutions:	Dipartimento di Economia, Metodi Quantitativi e Strategie d'Impresa (DEMS), Facoltà di Economia
Subject:	double jeopardy \| disclosure \| evidence \| prosecutor \| defendant \| criminal procedure

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Extent:	application/pdf
Series:	Working Papers.
Type of publication:	Book / Working Paper
Language:	English
Notes:	Number 137 35 pages
Classification:	K14 - Criminal Law ; K41 - Litigation Process ; K42 - Illegal Behavior and the Enforcement of Law
Source:	RePEc - Research Papers in Economics

Persistent link: https://www.econbiz.de/10005198709