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Truth-Bonding and Other Truth-Revealing Mechanisms for Courts
Authors:Robert Cooter  Winand Emons
Institution:(1) School of Law (Boalt Hall), University of California Berkeley, CA 94720, USA;(2) Department of Economics, University of Bern, Gesellschaftsstrasse 49, CH-3012 Bern, Switzerland
Abstract:In trials witnesses often gain by slanting their testimony. The law tries to elicit the truth from witnesses by cross-examination under threat of criminal prosecution for perjury. As a truth-revealing mechanism, perjury law is crude and ineffective. We develop a perfect truth-revealing mechanism, which exactly offsets the gain from slanted testimony by the risk of a possible sanction. Witnesses testify voluntarily under the mechanism. Implementing an effective truth-revealing mechanism requires a witness to certify accuracy by posting bond. If events subsequently prove that the testimony was inaccurate, the witness forfeits the bond. By providing superior incentives for telling the truth, truth-bonding could combat some distortions by factual witnesses and interested experts, including ldquojunk science.rdquo
Keywords:litigation  witness  truth-revealing mechanism  perjury
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