The Error of Equal Error Rates

Posted: 29 Feb 2008

See all articles by David H. Kaye

David H. Kaye

Pennsylvania State University, Penn State Law; Arizona State University - Sandra Day O'Connor College of Law - School of Life Science

Abstract

The more-probable-than-not burden of persuasion applicable to most civil cases sometimes is said to implement the policy objective of equalizing the rates of (1) erroneous verdicts for plaintiffs and (2) erroneous verdicts for defendants. This paper shows that this claim is unfounded and untenable. It concludes that the more-probable-than-not standard reflects a different, and more appropriate conception of equality - one that considers the expected losses associated with errors rather than the frequencies of errors.

Suggested Citation

Kaye, David H., The Error of Equal Error Rates. Law, Probability and Risk, Vol. 1, pp. 3-8, July 2002 . Available at SSRN: https://ssrn.com/abstract=805032

David H. Kaye (Contact Author)

Pennsylvania State University, Penn State Law ( email )

University Park, PA 16802
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

Arizona State University - Sandra Day O'Connor College of Law - School of Life Science ( email )

111 E Taylor St.
Phoenix, AZ 85004
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

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