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


ISBN13: 9780521730358
ISBN: 052173035X
Published: August 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2006)
Price: £26.99
Hardback edition , ISBN13 9780521861663



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Evidence, Criminal Law, Jurisprudence
Contents:
1. Thinking about error in the law
2. The unraveling of reasonable doubt
3. Fixing the standard of proof
4. Innocence, the burden of proof, and the puzzle of affirmative defenses
5. Evaluating evidence and procedures
6. Silent defendants, silent witnesses, and lobotomized jurors
7. Confessions, poison fruit, and other exclusions
8. Double jeopardy and false acquittals: letting felons and judges off the hook?
9. Dubious motives for flawed rules: the clash between values.

Series: Cambridge Studies in Philosophy and Law

Punishment, Compensation and Law: A Theory of Enforceability ISBN 9780521174237
Published February 2011
Cambridge University Press
£30.99
Common Law Theory
Edited by: Douglas Edlin
ISBN 9780521176156
Published January 2011
Cambridge University Press
£30.99
A Common Law Theory of Judicial Review: The Living Tree ISBN 9780521122665
Published November 2009
Cambridge University Press
£37.99
Automatism, Insanity and the Psychology of Criminal Responsibility ISBN 9780521061339
Published April 2008
Cambridge University Press
£30.99
Complicity: Ethics and Law for a Collective Age
Christopher KutzUniversity of California, Berkeley
ISBN 9780521039703
Published August 2007
Cambridge University Press
£22.99
Crimes Against Humanity: A Normative Account ISBN 9780521600514
Published January 2005
Cambridge University Press
£33.99
The Jurisprudential Foundations of Corporate and Commercial Law ISBN 9780521591577
Published October 2004
Cambridge University Press
£90.99
Norms in a Wired World
Steven A. HetcherVanderbilt University, Tennessee
ISBN 9780521454360
Published March 2004
Cambridge University Press
£85.00
Constitutionalism: Philosophical Foundations ISBN 9780521799997
Published July 2003
Cambridge University Press
£33.99
Consent to Sexual Relations ISBN 9780521536110
Published June 2003
Cambridge University Press
£34.99
Beyond Comparison - Sex and Discrimination ISBN 9780521534154
Published June 2003
Cambridge University Press
£30.99
Equality, Responsibility and the Law New ed
Arthur RipsteinUniversity of Toronto
ISBN 9780521003070
Published December 2001
Cambridge University Press
£50.99
A Theory of Property ISBN 9780521378864
Published June 1990
Cambridge University Press
£78.99