Error Aversions and Due Process

This study examines national surveys sampling more than 12,000 people, finding that a majority of Americans consider false acquittals and false convictions to be errors of equal magnitude. Most people are unwilling to err on the side of letting the guilty go free to avoid convicting the innocent. Indeed, a sizeable minority view false acquittals as worse than false convictions. By: Brandon L. Garrett and Gregory Mitchell — Michigan Law Review (2023)

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