Truth, Error, and Criminal Law An Essay in Legal Epistemology
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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 proof-for implementing society's view about the relative importance of the errors that can occur in a trial.
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All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 4/28/2008
Size: 6.25" wide x 9.25" long x 0.50" tall
|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|