Truth, Error, and Criminal Law An Essay in Legal Epistemology

ISBN-10: 052173035X
ISBN-13: 9780521730358
Edition: 2008
Authors: Larry Laudan
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Description: This book treats problems in the epistemology of the law. Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be  More...

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Book details

List price: $35.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 4/28/2008
Binding: Paperback
Pages: 256
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 1.144

This book treats problems in the epistemology of the law. Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms-the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof-for implementing society's view about the relative importance of the errors that can occur in a trial.

Preface
Abbreviations and Acronyms Used
Thinking about Error in the Law
The Distribution of Error
The Unraveling of Reasonable Doubt
Fixing the Standard of Proof
Innocence, the Burden of Proof, and the Puzzle of Affirmative Defenses
Flawed Rules of Evidence and Procedure
Evaluating Evidence and Procedures
Silent Defendants, Silent Witnesses, and Lobotomized Jurors
Confessions, Poison Fruit, and Other Exclusions
Double Jeopardy and False Acquittals: Letting Felons and Judges off the Hook?
Dubious Motives for Flawed Rules: The Clash between Values
Index

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