The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal, 57 UNIVERSITY OF CHICAGO LAW REVIEW 1 (1990)
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.
Date of Authorship for this Version
Stith, Kate, "The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal" (1990). Faculty Scholarship Series. Paper 1269.