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

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Cambridge University Press, Jun 5, 2006 - Philosophy
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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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Contents

Judge Learned Hand1
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2
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For this reason the Supreme Judicial Court of Massachusetts has
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3
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Why would one ever set
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Justice Byron White for the Supreme Court1
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WhenImakethisargumenttofriendsandcolleaguestheysometimesremind
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the court that he does not intend to testify citing
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8
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About the author (2006)

Larry Laudan is Principal Investigator at the Instituto de Investigaciones Filosoficas, Universidad Nacional Autonoma de Mexico and president-elect of the Peirce Society. He is the author of many books, most recently Beyond Positisms and Relativism, and The Book of Risks.

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