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




Author: Larry Laudan
Type: eBook
Date Released: 2006
Format: pdf
Language: English
Page Count: 256
Isbn10 Code: 0521861667
Isbn13 Code: 9780521861663


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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