Truth, Error, and Criminal Law: An Essay in Legal EpistemologyCambridge University Press, 5. juni 2006 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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Side 10
... admissibility of evidence and procedures - and thus avoids being slapped down by appellate courts for breaking the rules – is no guarantee of a correct outcome . To the contrary , given that many of the current rules ( as we will see in ...
... admissibility of evidence and procedures - and thus avoids being slapped down by appellate courts for breaking the rules – is no guarantee of a correct outcome . To the contrary , given that many of the current rules ( as we will see in ...
Side 15
... admissibility that exclude relevant evidence (and much of this book will address itself to rules of precisely this sort), then those rules will exert a weighty influence not only during the trial itself but on all the preliminary ...
... admissibility that exclude relevant evidence (and much of this book will address itself to rules of precisely this sort), then those rules will exert a weighty influence not only during the trial itself but on all the preliminary ...
Side 17
... admissibility of evidence sub- mitted for trial may end up including evidence that is likely to mislead the jury or excluding evidence that the jury should hear. The grand jury may err in their decision to indict. The defendant may ...
... admissibility of evidence sub- mitted for trial may end up including evidence that is likely to mislead the jury or excluding evidence that the jury should hear. The grand jury may err in their decision to indict. The defendant may ...
Side 18
... admissibility requirement. To be admissible, evidence must not only be relevant; it must also meet a variety of other demands. For instance, the evidence cannot have been acquired by a violation of the rights of the accused. The ...
... admissibility requirement. To be admissible, evidence must not only be relevant; it must also meet a variety of other demands. For instance, the evidence cannot have been acquired by a violation of the rights of the accused. The ...
Side 19
... admissibility in order to put some flesh on the skeleton of abstrac- tions with which we have been working. A paradigmatic example of the prob- lems we will be facing throughout the rest of the book is provided by the law's unimpressive ...
... admissibility in order to put some flesh on the skeleton of abstrac- tions with which we have been working. A paradigmatic example of the prob- lems we will be facing throughout the rest of the book is provided by the law's unimpressive ...
Innhold
Del 1 | 29 |
Del 2 | 63 |
Del 3 | 67 |
Del 4 | 68 |
Del 5 | 69 |
Del 6 | 89 |
Del 7 | 117 |
Del 8 | 147 |
Del 9 | 171 |
Del 10 | 194 |
Del 11 | 213 |
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Truth, Error, and Criminal Law: An Essay in Legal Epistemology Larry Laudan Ingen forhåndsvisning tilgjengelig - 2006 |
Truth, Error, and Criminal Law: An Essay in Legal Epistemology Larry Laudan Ingen forhåndsvisning tilgjengelig - 2008 |
Vanlige uttrykk og setninger
accused acquittals to false admissibility affirmative defenses apparent guilt appellate courts argued argument arrest BARD believe burden of proof chapter committed the crime common law concerns Consider constitutional corroborated criminal law criminal trial decide decision defendant’s guilt defendant’s silence distributionist double jeopardy epistemic epistemology erroneous error evidence and procedure evidence law excluded Exclusionary Rule false acquittals false convictions federal Fifth Amendment guilt or innocence guilty defendants hypothesis inferences innocencem innocent defendant innocentm insisted instance Jones judicial jurors jury instruction likelihood likewise Lobotomized Juror Miranda one’s percent plausible police presumption of innocence privilege problem prosecution prosecution’s prosecutor question rational reasonable doubt relevant evidence reliability requires right to silence rules of evidence Silent Defendant someone sort standard of proof suppose suspect testify testimony trial judge trier of fact true acquittals truly guilty truly innocent truth seeking U.S. Supreme Court verdict violated witnesses
Populære avsnitt
Side 38 - ... beyond a reasonable doubt. "What is reasonable doubt?" Shaw asked.55 It is a term often used, probably pretty well understood, but not easily denned. It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding...
Side 20 - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Side 225 - In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law ; it invites every man to become a law unto himself; it invites anarchy.
Side 27 - Our dangers do not lie in too little tenderness to the accused. Our procedure has been always haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime.
Side 45 - Moreover, use of the reasonable-doubt standard is indispensable to command the respect and confidence of the community in applications of the criminal law. It is critical that the moral force of the criminal law not be diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned.
Side 225 - Admitting that the lottery tickets and materials were illegally seized, still this is no legal objection to the admission of them in evidence. If the search warrant were illegal, or if the officer serving the warrant exceeded his authority, the party on whose complaint the warrant issued, or the officer, would be responsible for the wrong done; but this Is no good reason for excluding the papers seized as evidence, if they were pertinent to the issue, as they unquestionably were. When papers are...
Side 33 - Reasonable doubt is defined as follows: it is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.