Posts Tagged With: L. Laudan

Larry Laudan: “‘Not Guilty’: The Misleading Verdict” (Guest Post)

Larry Laudan

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Prof. Larry Laudan
Lecturer in Law and Philosophy
University of Texas at Austin

“‘Not Guilty’: The Misleading Verdict and How It Fails to Serve either Society or the Innocent Defendant”

Most legal systems in the developed world share in common a two-tier verdict system: ‘guilty’ and ‘not guilty’.  Typically, the standard for a judgment of guilty is set very high while the standard for a not-guilty verdict (if we can call it that) is quite low. That means any level of apparent guilt less than about 90% confidence that the defendant committed the crime leads to an acquittal (90% being the usual gloss on proof beyond a reasonable doubt, although few legal systems venture a definition of BARD that precise). According to conventional wisdom, the major reason for setting the standard as high as we do is the desire, even the moral necessity, to shield the innocent from false conviction. Continue reading

Categories: L. Laudan, PhilStat Law | Tags: | 22 Comments

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