When is the Preponderance of the Evidence Standard Optimal?

Henrik Lando
2002 Social Science Research Network  
This paper defines the preponderance of the evidence standard and establishes it as a benchmark, optimal under certain idealized conditions. The main conditions are: only efficiency matters (not fairness); people are risk-neutral; sanctions are socially costless; and a suit may be brought even if no violation of the law has occurred. Concerning the definition of preponderance of the evidence, a distinction is made between standards based on probability of guilt and standards based on the
more » ... e. It is stressed that the latter does not include ex-ante information concerning the offender's type, and should hence not be associated with a probability of guilt in a Bayesian sense.
doi:10.2139/ssrn.1144705 fatcat:oqvzkkv5wfhtrnb7akdvyrsfte