Truth, Error, and Criminal Law: An Essay in Legal Epistemology (Cambridge Studies in Philosophy and Law) [Paperback]

Larry Laudan (Author)

Book Description

ISBN-10: 052173035X | ISBN-13: 978-0521730358 | Publication Date: April 28, 2008 | Edition: 1

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. 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.

Editorial Reviews

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

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.

See all Editorial Reviews

Product Details

• Paperback: 256 pages
• Publisher: Cambridge University Press; 1 edition (April 28, 2008)
• Language: English
• ISBN-10: 052173035X
• ISBN-13: 978-0521730358
• Product Dimensions: 8.9 x 5.9 x 0.8 inches
• Shipping Weight: 9.6 ounces (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,182,870 in Books (See Top 100 in Books)

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6 of 6 people found the following review helpful:

5.0 out of 5 stars Truth, Justice, and the American Way?, June 18, 2009

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George R Dekle "Bob Dekle" (Lake City, FL United States) - See all my reviews
(VINE VOICE)   

This review is from: Truth, Error, and Criminal Law: An Essay in Legal Epistemology (Cambridge Studies in Philosophy and Law) (Paperback)

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.