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

Name: Truth, Error, and Criminal Law An Essay in Legal Epistemology
Price: 5.87 USD
Availability: InStock
ISBN: 9780521730358

ISBN-10: 052173035X

ISBN-13: 9780521730358

Edition: 2008

Authors: Larry Laudan

List price: $39.99

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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 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…

Book details

List price: $39.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 4/28/2008
Binding: Paperback
Pages: 256
Size: 5.94" wide x 8.98" long x 0.63" tall
Weight: 0.792
Language: English



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