Different Strokes for Different Folks

Abstract

This paper argues that the false acquittals of serial offenders are much costlier than the false acquittals of first-time offenders. Because that is so, it is plausible to entertain the idea that different standards of proof should be used in trying criminal cases of the two sets of defendants. First-time offenders should continue to be tried using proof beyond a reasonable doubt. Known serial felony offenders should be tried by the clear and convincing evidence standard.