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Truth, Error, and Criminal Law: An Essay in Legal Epistemology (Cambridge Studies in Philosophy and Law)
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Review
'Laudan has written an estimable book, one that deserves a wide audience. His arguments are of consistently high calibre and his conclusions are provocative.' Criminal Law and Philosophy
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Book Description
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.
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Product details
Series: Cambridge Studies in Philosophy and Law
Paperback: 254 pages
Publisher: Cambridge University Press; 1 edition (April 28, 2008)
Language: English
ISBN-10: 052173035X
ISBN-13: 978-0521730358
Product Dimensions:
6 x 0.6 x 9 inches
Shipping Weight: 9.6 ounces (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
1 customer review
Amazon Best Sellers Rank:
#1,758,252 in Books (See Top 100 in Books)
The Supreme Court, in Nix v. Whiteside, 374 U.S. 157, 158 (1986), solemnly intoned that "The very nature of a [criminal] trial [is] a search for truth," and this sentiment has been echoed by lower courts. For example, both People v. Santorelli, 5 N.Y.2d 412, 420-421, 41 N.E.2d 493, 497 (N.Y. 2000), and Floyd v. State, 902 So.2d 775, 778 (Fla. 2005), speak of "the search for truth in criminal cases."Laudan begins with this premise and explores how well the American criminal justice system does the job of searching for truth. His verdict? Not very well. As Laudan dissects our criminal justice system, he demonstrates that it is driven by numerous considerations which have nothing whatsoever to do with discovery of the truth and which actually impede the determination of truth. As Laudan sees things, the system is in dire need of repair, and in the closing chapter he makes some modest suggestions for improving it.I think it highly unlikely that any of Laudan's suggestions will ever be implemented, but I do believe his critique is one which everyone involved in criminal justice should seriously consider. If this were to happen, we might possibly prevent further erosion of our ability to determine truth in criminal trials.
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