Item Type |
Article |
ID |
|
Preview |
Image |
|
Caption |
|
|
Full text |
AA10715850-00001101-0001.pdf
Type |
:application/pdf |
Download
|
Size |
:305.0 KB
|
Last updated |
:Sep 29, 2011 |
Downloads |
: 1991 |
Total downloads since Sep 29, 2011 : 1991
|
|
Release Date |
|
Title |
Title |
The inquisitor judge's trilemma
|
Kana |
|
Romanization |
|
|
Other Title |
|
Creator |
Name |
Nakao, Keisuke
|
Kana |
ナカオ, ケイスケ
|
Romanization |
Nakao, Keisuke
|
Affiliation |
|
Affiliation (Translated) |
|
Role |
|
Link |
|
Name |
津曲, 正俊
|
Kana |
ツマガリ, マサトシ
|
Romanization |
Tsumagari, Masatoshi
|
Affiliation |
|
Affiliation (Translated) |
|
Role |
|
Link |
|
|
Edition |
|
Place |
|
Publisher |
Name |
Keio Economic Society, Keio University
|
Kana |
|
Romanization |
|
|
Date |
Issued (from:yyyy) |
2011
|
Issued (to:yyyy) |
|
Created (yyyy-mm-dd) |
|
Updated (yyyy-mm-dd) |
|
Captured (yyyy-mm-dd) |
|
|
Physical description |
|
Source Title |
Name |
Keio Economic Society discussion paper series
|
Name (Translated) |
|
Volume |
11
|
Issue |
1
|
Year |
2011
|
Month |
|
Start page |
|
End page |
|
|
ISSN |
|
ISBN |
|
DOI |
|
URI |
|
JaLCDOI |
|
NII Article ID |
|
Ichushi ID |
|
Other ID |
|
Doctoral dissertation |
Dissertation Number |
|
Date of granted |
|
Degree name |
|
Degree grantor |
|
|
Abstract |
We address the long-standing judicial debate over inquisitorial and adversarial procedures in criminal trials, focusing on the incentives to collect evidence of a defendant's guilt and innocence. We demonstrate three shortcomings of the former procedure: (i) a judge may suffer a trilemma or a quandary among three tasks she confronts, i.e., an incentive scheme to improve the performance of one task impairs the performance of one or two of the others; (ii) it underperforms the latter procedure in collecting evidence at cost if private interests in winning a suit are more motivating than the public interests in avoiding erroneous judgments; (iii) incentive arrangements are so constrained that it may be impossible to induce high efforts of investigation. However, the shortcoming (ii) might be negated when the private interests lead adversely to obscuring, rather than revealing evidence.
|
|
Table of contents |
|
Keyword |
costly evidence collection
|
inquisitorial vs. adversarial procedure
|
|
NDC |
|
Note |
|
Language |
|
Type of resource |
|
Genre |
|
Text version |
|
Related DOI |
|
Access conditions |
|
Last modified date |
|
Creation date |
|
Registerd by |
|
History |
|
Index |
|
Related to |
|