Judicial Torture as a Screening Device

  title={Judicial Torture as a Screening Device},
  author={Kong‐Pin Chen and Tsung-Sheng Tsai},
  journal={The B.E. Journal of Theoretical Economics},
  pages={277 - 312}
Abstract Judicial torture to extract information or to elicit a confession was a common practice in pre-modern societies, both in the east and the west. This paper proposes a positive theory for judicial torture. It is shown that torture reflects the magistrate’s attempt to balance type I and type II errors in the decision-making, by forcing the guilty to confess with a higher probability than the innocent, and thereby decreases the type I error at the cost of the type II error. Moreover, there… Expand

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