Document Type

Working Paper

Publication Date

11-5-2007

SSRN Discipline

Legal Scholarship Network; Criminal Law & Procedure eJournals; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; delete2; Political Science Network

Abstract

This essay reviews philosopher Larry Laudans recent book Truth Error and Criminal Law An Essay in Legal Epistemology 2006 Part I describes in three sections the books structure and arguments The first section explicates the basic concepts distinctions and principles that underlie the books analysis The second section discusses the books analysis of error distribution The issues in this section include the standard of proof beyond a reasonable doubt the burden of proof and the presumption of innocence Laudan launches a scathing attack on current understandings of the standard of proof explains the features an appropriate standard ought to possess and analyzes different understandings of the presumption of innocence The third section discusses the books analysis of error reduction Laudan argues that many current evidentiary and constitutional rules ought to be eliminated or modified in order to improve the accuracy of the adjudicatory process Part II offers some reasons to challenge the books analysis with regard to error reduction Part III attempts to extend the books analysis with regard to standards of proof

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