Adversarial Persuasion with Cross-Examination

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09 Juillet 2018
Types de publication: 
Cahier de recherche
Auteur(s): 
Claude-Denys Fluet
Thomas Lanzi
Axe de recherche: 
Enjeux économiques et financiers
Mots-clés: 
disclosure
persuasion
evidence
adversarial
cross-examination
judicial procedures
Classification JEL: 
D82
K41

Two parties with opposed interests invest in acquiring evidence which they may only partially disclose. The decision maker then adjudicates. This set-up is compared with one permitting cross-examination of the other party?s report. Now the decision maker can better assess whether a report was deceitful through withholding of evidence. Nevertheless, decision-making need not be improved. The parties invest less in gathering evidence because they are less able to successfully manipulate information and because cross-examination is a substitute in potentially countering the other party. From the decision maker?s standpoint, there is too much cross-examination at the expense of too little direct evidence.

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