An Experimental Exploration of Reasonable Doubt

28 Pages Posted: 28 Oct 2021

See all articles by Jason Anthony Aimone

Jason Anthony Aimone

Baylor University - Department of Economics

Stanton Hudja

University of Toronto, Department of Economics, Students

Wilson Law

Baylor University

Charles M. North

Baylor University Department of Economics

Jason Ralston

Whitman College

Lucas Rentschler

Utah State University - Department of Economics and Finance

Date Written: September 14, 2021

Abstract

The definition of reasonable doubt presented in jury instructions varies considerably across states. We use a controlled experiment to analyze the relationship between the definition of reasonable doubt and juror decisions. In our novel (preregistered) experiment, we vary the definition of reasonable doubt between subjects and elicit the level of evidence required for subjects to convict a defendant. We analyze juror decisions under two state definitions that are markedly different (Wisconsin and West Virginia) and analyze juror decisions when reasonable doubt is not explicitly defined. We find similar behavior in each treatment. We ran three additional treatments to determine why behavior does not seem to vary across definitions. Our data is consistent with subjects having pre-conceived notions of reasonable doubt that are not affected by jury instructions.

Keywords: Reasonable Doubt, Criminal Justice, Laboratory Experiments

JEL Classification: C91, D91, K40

Suggested Citation

Aimone, Jason Anthony and Hudja, Stanton and Law, Wilson and North, Charles M. and Ralston, Jason and Rentschler, Lucas, An Experimental Exploration of Reasonable Doubt (September 14, 2021). Available at SSRN: https://ssrn.com/abstract=3923809 or http://dx.doi.org/10.2139/ssrn.3923809

Jason Anthony Aimone

Baylor University - Department of Economics ( email )

P.O. Box 98003
Waco, TX 76798-8003
United States

Stanton Hudja (Contact Author)

University of Toronto, Department of Economics, Students ( email )

150 St. George Street
Toronto, Ontario
Canada

Wilson Law

Baylor University

Charles M. North

Baylor University Department of Economics ( email )

One Bear Place # 98003
Waco, TX 76798-8003
United States

Jason Ralston

Whitman College ( email )

P.O. Box 98003
Walla Walla, WA 99362
United States

Lucas Rentschler

Utah State University - Department of Economics and Finance ( email )

Logan, UT 84322-1400
United States

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