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  1. Home
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  3. Truth, Error, and Criminal Law
  • Cited by 145
Publisher:
Cambridge University Press
Online publication date:
June 2012
Print publication year:
2006
Online ISBN:
9780511617515
DOI:
https://doi.org/10.1017/CBO9780511617515
Subjects:
Law: General Interest, Law, Legal Philosophy, Philosophy
Series:
Cambridge Studies in Philosophy and Law
Information

Book description

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.

Reviews

'Laudan has written an estimable book, one that deserves a wide audience. His arguments are of consistently high calibre and his conclusions are provocative.'

Source: Criminal Law and Philosophy

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