The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights
This paper sets out to examine the epistemic ambitions of the criminal trial. It argues for an understanding of criminal evidence and proof which is inextricably connected to the demands of justified punishment and fair trials in the rule of law. Criminal trials must prioritise the individual rights...
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Universitat de Girona. Cátedra de Cultura Jurídica
2023-01-01
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| Series: | Quaestio Facti |
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| Online Access: | https://revistes.udg.edu/quaestio-facti/article/view/22809 |
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| author | Sarah Jane Summers |
| author_facet | Sarah Jane Summers |
| author_sort | Sarah Jane Summers |
| collection | DOAJ |
| description | This paper sets out to examine the epistemic ambitions of the criminal trial. It argues for an understanding of criminal evidence and proof which is inextricably connected to the demands of justified punishment and fair trials in the rule of law. Criminal trials must prioritise the individual rights of the accused, but they also define more generally the manner in which those subject to the law are to be treated in order to engender public acceptance of the verdict. In this sense, it is sceptical of instrumental accounts of criminal adjudication and, in particular, of the feasibility of any sort of separation of outcome and process. It subscribes instead to the notion that (true) belief in the necessity of imposing punishment in the rule of law will only be warranted if it is based on appropriate reasons, understood as reasons which are formed following a distinct type of process. |
| format | Article |
| id | doaj-art-8e8a2f3689b14d10a5398e6a6b4ddc4a |
| institution | OA Journals |
| issn | 2660-4515 2604-6202 |
| language | English |
| publishDate | 2023-01-01 |
| publisher | Universitat de Girona. Cátedra de Cultura Jurídica |
| record_format | Article |
| series | Quaestio Facti |
| spelling | doaj-art-8e8a2f3689b14d10a5398e6a6b4ddc4a2025-08-20T02:09:21ZengUniversitat de Girona. Cátedra de Cultura JurídicaQuaestio Facti2660-45152604-62022023-01-01410.33115/udg_bib/qf.i1.2280913197The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and RightsSarah Jane Summers0University of ZurichThis paper sets out to examine the epistemic ambitions of the criminal trial. It argues for an understanding of criminal evidence and proof which is inextricably connected to the demands of justified punishment and fair trials in the rule of law. Criminal trials must prioritise the individual rights of the accused, but they also define more generally the manner in which those subject to the law are to be treated in order to engender public acceptance of the verdict. In this sense, it is sceptical of instrumental accounts of criminal adjudication and, in particular, of the feasibility of any sort of separation of outcome and process. It subscribes instead to the notion that (true) belief in the necessity of imposing punishment in the rule of law will only be warranted if it is based on appropriate reasons, understood as reasons which are formed following a distinct type of process.https://revistes.udg.edu/quaestio-facti/article/view/22809criminal evidenceprocedurehuman rightspunishment |
| spellingShingle | Sarah Jane Summers The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights Quaestio Facti criminal evidence procedure human rights punishment |
| title | The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights |
| title_full | The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights |
| title_fullStr | The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights |
| title_full_unstemmed | The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights |
| title_short | The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights |
| title_sort | epistemic ambitions of the criminal trial truth proof and rights |
| topic | criminal evidence procedure human rights punishment |
| url | https://revistes.udg.edu/quaestio-facti/article/view/22809 |
| work_keys_str_mv | AT sarahjanesummers theepistemicambitionsofthecriminaltrialtruthproofandrights AT sarahjanesummers epistemicambitionsofthecriminaltrialtruthproofandrights |