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Bayesian Juries and The Limits to Deterrence
Ezra Friedman, Yale University
Abraham L. Wickelgren, Federal Trade Commission
ABSTRACT: We consider a model of crime with rational Bayesian Jurors. We find that if jurors are not perfectly
informed, even when there is no limit to the size of the punishment that can be imposed, it is not
possible to deter all crime. There is a finite lower bound on the crime rate which results from the
difficulties in achieving a conviction with imperfect evidence and very low crime rates. Crime can
not be reduced below this rate by increasing the penalty, but the lower bound can be decreased by
improving the quality of evidence presented to jurors, or by increasing the threshold of evidence
necessary for prosecution.
SUGGESTED CITATION: Ezra Friedman and Abraham L. Wickelgren,
"Bayesian Juries and The Limits to Deterrence"
(November 22, 2002).
Yale Law School.
Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series.
Paper 282.
http://lsr.nellco.org/yale/lepp/papers/282
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