When is the preponderance of the evidence standard optimal?

Abstract
This paper defines the preponderance of the evidence standard and establishes it as a benchmark for cases where deterrence is the dominant concern. The standard is shown to be optimal under the following assumptions: only efficiency matters (not fairness); people are risk-neutral; sanctions are socially costless; and investigations may take place even if no violation of the law has occurred.Concerning the definition of preponderance of the evidence a distinction is made between standards based on probability of guilt and standards based on the evidence. The latter does not include ex-ante information concerning the offender's type, and should hence not be associated with a probability of guilt.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,749
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
7 ( #538,692 of 2,197,364 )

Recent downloads (6 months)
1 ( #298,877 of 2,197,364 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature