Second of all, this assumes that letting a guilty person go free and sending an innocent person to get punished is of equal weight, which it is not.
The discussion is about the probability of actual guilt, not the expected utility of punishment, so that’s not relevant.
ETA: Relatedly, I’ve commented elsewhere that a 90% probability of guilt for murder should be well within the “not guilty” verdict range.
Oh right, good point.
The discussion is about the probability of actual guilt, not the expected utility of punishment, so that’s not relevant.
ETA: Relatedly, I’ve commented elsewhere that a 90% probability of guilt for murder should be well within the “not guilty” verdict range.
Oh right, good point.