Error of impunity

An error of impunity is a lapse in the justice system that results in criminals either remaining at large or receiving sanctions that are below a socially optimal level. The term is used in Brian Forst's book Errors of Justice and in Robert Bohm's introduction to a special edition of The Journal of Criminal Justice on miscarriages of justice. If convicting an innocent person, called a miscarriage of justice, is a Type I error for falsely identifying culpability, then an error of impunity would be a Type II error of failing to find a culpable person guilty.

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