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.
Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth – its complexities and nuances – and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
This volume sheds new light on the multifarious personality of Bruno de Finetti and his outstanding contributions not only to probability and statistics, but also to economics and philosophy. Rather than focusing on de Finetti's technical work on probability, the essays collected here address the philosophy underpinning all of de Finetti's writings, a view Richard Jeffrey labelled "radical probabilism". Special attention is devoted to de Finetti's ideas on economics, which are inspired by the same philosophical approach, while an effort is made to highlight some lesser known aspects of de Finetti's production. The volume ends with an Appendix on de Finetti's book L'invenzione della verit (The invention of truth), written in 1934 and published in 2006, which contains an extensive presentation of de Finetti's philosophical viewpoint, revolving around the idea that our knowledge is the product of human thought, which in such enterprise is guided by considerations of utility, rather than metaphysical principles.