Why Pro-Defendant Criminal Procedure Might Hurt the Innocent

34 Pages Posted: 10 Dec 2007

See all articles by Nuno Garoupa

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty

Matteo Rizzolli

LUMSA University

Date Written: December 10, 2007

Abstract

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

Garoupa, Nuno and Rizzolli, Matteo, Why Pro-Defendant Criminal Procedure Might Hurt the Innocent (December 10, 2007). U Illinois Law & Economics Research Paper No. LE08-001. Available at SSRN: https://ssrn.com/abstract=1068622 or http://dx.doi.org/10.2139/ssrn.1068622

Nuno Garoupa

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Matteo Rizzolli (Contact Author)

LUMSA University ( email )

Via Pompeo Magno
Roma, Rome 00191
Italy

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