Truth, Error, And Criminal Law by Larry Laudan

An Essay in Legal Epistemology

A provocative work in legal epistemology that argues criminal adjudication should be governed by truth-seeking and the minimization of both false convictions and false acquittals. It critiques entrenched doctrines—such as the vagueness of “beyond a reasonable doubt,” the exclusionary rule, and deference to Blackstone’s ratio—for often impeding accurate fact-finding, and urges decision-theoretic, evidence-based reforms to calibrate standards of proof, burdens, and evidentiary practices. Drawing on probability and cost-sensitive analysis, it proposes redesigning procedures to reduce total error rates while maintaining robust protections for the innocent.

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