CEEAplA Working Paper Series 2005
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Browsing CEEAplA Working Paper Series 2005 by Subject "Economic Analysis of Law"
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- The Miranda Right to silence in criminal trial : an economic analysisPublication . Lang, GüntherThis paper analyzes the strategic implications for criminal trial of the existence of the famous Miranda Right to Silence in U.S. law doctrine. The right confers to the defendant the privilege that, in the context of a signalling game, i. e. the trial, no adverse conclusions may be drawn from his exercise of the right. It is shown that Miranda reduces wrongful confessions and convictions, at the price, however, of setting free guilty defendants as well. The rate of silence is affected only when confidence for the respect of the right is perfect; otherwise guilty defendants prefer to pool with innocent ones at declaring themselves innocent.
- The right to remain silent in roman-type law doctrine : an economic perspectivePublication . Lang, GüntherThis paper analyzes the strategic implications of the existence of the right to silence in criminal trial in the context of Roman law doctrine. The right confers to the defendant the privilege that, in the context of a signalling game, i. e. the trial, no adverse conclusions may be drawn from his exercise of the right. It is shown that respect for the right to silence does not have significant strategic consequences. In particular, no influence on conviction rates exists, neither rightful nor wrongful ones.