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Truth, Error, and Criminal Law
Larry Laudan
其他書名
An Essay in Legal Epistemology
出版Cambridge University Press, 2006-06-05
主題Philosophy / GeneralLaw / JurisprudencePhilosophy / PoliticalLaw / General
ISBN113945708X9781139457088
URLhttp://books.google.com.hk/books?id=4tJ_D98NJcoC&hl=&source=gbs_api
EBookSAMPLE
註釋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.