The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal

Kate Stith

21 citations0/0 files storedThe University of Chicago Law Review

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Legal processes and jurisprudence Criminal Law and Evidence Law, Economics, and Judicial Systems

Abstract

The government bears most of the risk of error in a criminal trial: factual error because of the requirement of proof beyond a reasonable doubt and legal error because of the prohibition on government appeal of acquittals. Neither of these procedural mechanisms has a counterpart in civil procedure.

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2006The Appeals Process and Adjudicator Incentives 2016Citizen attitudes toward errors in criminal justice: Implications of the declining acceptance of Blackstone's ratio 2014Second-Order Regulation of Law Enforcement

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