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The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal

Stith, Kate
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Faculty Scholarship Series
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The_Risk_of_Error_in_Criminal_Cases.pdf
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Abstract
The government bears most of the risk of error in a criminal trial: factual error because of the requirement of proof beyond a reasonable doubt and legal error because of the prohibition on government appeal of acquittals. Neither of these procedural mechanisms has a counterpart in civil procedure.
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http://hdl.handle.net/20.500.13051/475