Should the standard of evidence be lowered to reduce crime?

Abstract

As crime becomes increasingly widespread it may be optimal not to lower but to increase the standard of evidence. Even though a higher standard of evidence results in a lower expected penalty for all levels of crime, it increases the expected penalty for high levels of crime relative to the expected penalty for lower levels of crime. Consequently, a high standard of evidence is more effective in deterring high levels of crime. As the proportion of agents with a low opportunity cost of committing crime increases, the standard of evidence should be increased.