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

Abstract

This article determines the optimal standard of proof in criminal law in a trade-off between three costs: the injustice cost of wrong convictions, the injustice cost of wrong acquittals, and the cost to society of the criminal act itself. The standard of proof affects the level of crime through its impact on deterrence and incapacitation. The article applies the expresssion for the optimal standard to the crime of sexual violation against women. For this crime, the concern for preventing crime has a significant effect on the optimal standard of proof.

Note: Previously titled "The Optimal Standard of Proof in Criminal Law When Both Fairness and Deterrence Matter"

JEL Classification: K140, K400, K420