Does Wrongful Conviction Lower Deterrence?

8 Pages Posted: 15 Oct 2004

See all articles by Henrik Lando

Henrik Lando

Copenhagen Business School - CBS Law

Date Written: 2004

Abstract

The traditional answer is positive, based on the idea that wrongful conviction lowers a potential offender's incentive to remain innocent. The present paper argues that there is no such effect for legal error concerning the identity of the offender, as one may be convicted of a crime committed by someone else, whether or not one chooses to remain innocent. It follows that there is generally no effect on deterrence for acts like murder, assault and robbery, since for acts that are known to have been committed, wrongful conviction involves mistaken identity.

Convicting the wrong person may have indirect effects on deterrence, but it will be argued that such effects are likely to play a significant role only under special circumstances.

One implication of the main point is that society's aversion to sanctioning the innocent cannot be derived solely from a concern for deterrence.

Keywords: Wrongful conviction, deterrence

JEL Classification: A13, K00, K14, K40, K42

Suggested Citation

Lando, Henrik, Does Wrongful Conviction Lower Deterrence? (2004). Available at SSRN: https://ssrn.com/abstract=603962 or http://dx.doi.org/10.2139/ssrn.603962

Henrik Lando (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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