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Truth Error and Criminal Law An Essay in Legal Epistemology 1st Edition by Larry Laudan ISBN 0511226403 9780521861663

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Author(s): Larry Laudan
ISBN(s): 9780521861663, 0511226403
Edition: 1st
File Details: PDF, 1.58 MB
Year: 2006
Language: english
SKU: EB-1295592 Category: Tag:

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ISBN 10: 0511226403 
ISBN 13: 9780521861663
Author: Larry Laudan

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.

Truth Error and Criminal Law An Essay in Legal Epistemology 1st Table of contents:

1 Thinking about Error in the Law
A Road Map
A Book as Thought Experiment
Principal Types of Error
Other Relevant Distinctions among Error Types
Relevance versus Admissibility
The Case of “Unfairly Prejudicial” Evidence

part i THE DISTRIBUTION OF ERROR

2 The Unraveling of Reasonable Doubt
Updating the Road Map
Introduction
Interpretations of Reasonable Doubt
Origins
The Current State of Play

  1. BARD as That Security of Belief Appropriate to Important Decisions in One’s Life

  2. BARD as the Sort of Doubt That Would Make a Prudent Person Hesitate to Act

  3. BARD as an Abiding Conviction of Guilt

  4. Reasonable Doubt as a Doubt for Which a Reason Could Be Given

  5. BARD as High Probability
    The Ultimate Act of Desperation: Avoiding Clarification
    Taking a Step Back from the Abyss
    Would an Improved BARD Suffice?
    The Chilling Effect of Death Penalty Jurisprudence on a Candid Discussion of the Standard of Proof
    Conclusion

3 Fixing the Standard of Proof
The BoD and the SoP
n, the SoP, and the BoD
The Relative Costs of False Acquittals and False Convictions
A Fresh Start at Setting the SoP
Replacing a Subjective Standard with an Objective One: The Real Reform
Problems with Estimating the Probabilities of One’s Beliefs
The Subjectivity Question
The Core Reform: An Objective Standard
Multiple Standards?
Conclusion

4 Innocence, the Burden of Proof, and the Puzzle of Affirmative Defenses
The Presumption of Innocence: Material or Probatory?
When and to Whom Does the PI Apply?
Kinds of Innocence and Guilt
The Core Failing: Confusing Juror Confidence with a Standard of Proof
The Burden of Proof
The Puzzling Case of Affirmative Defenses

part ii FLAWED RULES OF EVIDENCE AND PROCEDURE

5 Evaluating Evidence and Procedures
A Meta-Rule for Evaluating Evidence
Reining In Distributionist Excesses
Implicit Distributionist Creep
Some Rules of Evidence That Offend against the Antidistributionist Policy
Assessing Procedures
Conclusion

6 Silent Defendants and Silent Witnesses and Lobotomized Jurors
Silence and Truth Seeking
The Accused
The Witness with Something to Hide
The Privileged Witness
Silent Defendants: The Problem
The Shaky Epistemology of Lobotomized Jurors
Silent Witness
Privileged Testimony
Conclusion

7 Confessions, Poison Fruit, and Other Exclusions
The Tortured Logic of the Admission of Confessions
The Triple Test
Voluntariness
Illegally Obtained Confessions
Corroboration
Poison Fruit
The Exclusion of Nonconfessional Evidence

8 Double Jeopardy and False Acquittals: Letting Felons and Judges off the Hook?
The Core Problem
Appeals of Acquittals: A No-Brainer
Self-Correction and Learning from Our Mistakes
Error Correction versus “Error” Correction
Conclusion

9 Dubious Motives for Flawed Rules: The Clash between Values
Alleged Jury Incompetence and the Rules of Evidence and Procedure
Safeguarding the Rights of Defendants
Policing the Police
Safeguarding the Moral Integrity of the Courts

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Tags: Larry Laudan, Truth Error, Criminal Law, Legal Epistemology