Why Pro-Defendant Criminal Procedure Might Hurt the Innocent
34 Pages Posted: 10 Dec 2007
Date Written: December 10, 2007
Mandatory disclosure of evidence and double jeopardy are considered to be among the most important bulwarks against prosecutorial misconducts. While protecting the generality of defendants in the criminal process, we show that under certain reasonable assumptions, these procedural mechanisms hurt innocent defendants by inducing prosecutors to adjust their behavior and thus triggering adverse practices.
Keywords: Double jeopardy, evidence, prosecutor, defendant, criminal procedure
JEL Classification: K14, K41, K42
Suggested Citation: Suggested Citation