Prosecutorial Liability for Wrongful Convictions

Abstract

This paper examines the problem of wrongful convictions with an aim towards developing a system for reducing the rate of wrongful convictions. Because current laws only seek to compensate exonerees for wrongful convictions, it is necessary to consider strategies for reducing the rate of wrongful convictions ex ante. Because prosecutors are the principal agents capable of reducing wrongful convictions, this paper suggests that imposing liability on prosecutors will incentivize them to take proper precautions to avoid wrongful convictions. The paper creates a simple behavioral model for the prosecutor's decision to charge an individual with a crime, and explores the potential effects of three different liability schemes: none, negligence-based, and strict-liability-based.