Fair enough. I might have misunderstood your point in that regard.

But there is still the problem that a defendant wrongly convicted feels so much worse than one wrongly acquitted.

You may well be right that the law system is geared to making it more likely tha a guilty defendant is acquitted than an innocent one convicted. But, since the innocent one may already feel so much worse, how can you risk further hassling him when he may indeed be innocent?

If everyone were to adopt your approach, innocent defendants may feel they can never shake the abatross from their neck. How can that be fair?

Cheers,
Mike

I am just pointing out that it is not irrational for suspicion to still hang over someone once they have been acquitted of a crime. It may not be fair to the vast majority of those acquitted who are indeed innocent but it is not irrational.

Cheers,
Mike

Great to meet you last night. I had a good bit of time on the computer today. So I grabbed a look at your blog. You guys deserve a pat on the back for a good job. They’re great questions you’re asking. Keep it up!

In regard to this question, have you thought that the utility function for defendants may not be symmetric? That is, there will be a lot more ‘disutility’ for an innocent defendant from a wrongful conviction than there will be utility for a guilty defendant from a wrongful acquittal.

There have been countless episodes in the past of cases being wrongfully brought let alone cases with convictions that have turned out wrongful. Right now, even in little ol’ New Zealand, there are question marks over a good number of cases – the David Bain conviction overturned by the Privy Council, the unfinished Scott Watson case and, most recently, the arrest of prominent Maori activists in Police anti-terrorism raids.

Imagine if you were an innocent defendant wrongly charged. Doesn’t it seem dangerous to do anything but follow the guilty until proven innocent approach of the courts as they take defendants to trial and appeal?

Yeah, but good job asking questions like this! Spot you again somewhere around the traps, eh?

Cheers,
Mike