Statistical evidence and the problem of robust litigation

• 成果类型: Article
• 署名作者: Bull, Jesse; Watson, Joel
• 署名单位: State University System of Florida; Florida International University; University of California System; University of California San Diego
• 刊物名称: RAND JOURNAL OF ECONOMICS
• ISSN/ISSBN: 0741-6261
• DOI: 10.1111/1756-2171.12302
• 发表日期: 2019
• 页码: 974-1003
• 关键词: character evidence; INFORMATION; disclosure; PREJUDICE; LAW

摘要

We propose a new model of disclosure, interpretation, and management of hard evidence in the context of litigation and similar applications. A litigant has private information and may also possess hard evidence that can be disclosed to a fact-finder, who interprets the evidence and decides a finding in the case. We identify conditions under which hard evidence generates value that is robust to the scope of rational reasoning and behavior. These fail if the litigant's private information is sufficiently strong relative to the face-value signal of evidence, and then hard evidence may be misleading. Rules that exclude some relevant hard evidence can be justified.