Accuracy in the Determination of Liability

Louis Kaplow · Steven Shavell

108 citations0/0 files storedNational Bureau of Economic Research

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Law, Economics, and Judicial Systems Legal principles and applications Legal and Constitutional Studies

Abstract

Many legal rules, notably rules of procedure and evidence, are concerned with achieving accuracy in the outcome of adjudication. In this article, we study accuracy in the conventional model of law enforcement. We consider why reducing error in determining liability is socially valuable and how error and its reduction affect the optimal probability and magnitude of sanctions.

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1993Accuracy in the Assessment of Damages 2005The Theory of Public Enforcement of Law 2008Judicial Fact Discretion 2011Better that ten guilty persons escape: punishment costs explain the standard of evidence 2012Judicial Errors and Crime Deterrence: Theory and Experimental Evidence 2011Constitutionalism and the criminal law: Rethinking criminal trial bifurcation

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