Home >
Law >
Criminal Testimonial Injustice

Criminal Testimonial Injustice

Author: Jennifer Lackey
Publisher: Oxford University Press
ISBN: 9780192864109
Published In: April 2023
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 819.00

HKD 794.43 Save HKD 24.57 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Through a detailed analysis that draws on work across philosophy, the law, and social psychology, Criminal Testimonial Injustice shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers' truest or most reliable selves.

With chapters ranging from false confessions and eyewitness misidentifications to recantations from victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible.

Acknowledgments

Introduction

Credibility and Testimonial Injustice

Credibility

Hearer-Excess Testimonial Injustice

Distributive Testimonial Injustice

Normative Testimonial Injustice

Wide Norm of Credibility

Moving Beyond the Standard Conception of Testimonial Injustice

False Confessions and Agential Testimonial Injustice

False Confessions

Testimonial Injustice