Errors of impunity is a term 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. They are defined as lapses that result in
criminals either remaining at large or receiving sanctions that are below a socially optimal level. If convicting an innocent man, 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 man guilty.