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Evidence, Respect and Truth: Knowledge and Justice in Legal Trials

Evidence, Respect and Truth: Knowledge and Justice in Legal Trials

Author: Liat Levanon
Publisher: Hart Publishing
ISBN: 9781509942695

Published In: April 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509942657

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Contents

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Should statistical evidence be used as legal evidence?

This book takes a holistic approach to addressing this question by considering the relationship between evidence, randomness and justifying reasons. It situates the problem of 'evidence and chance' within the broader sweep of the administration of criminal justice.

The book draws a distinction between evidence that can justify critical judgments and evidence that can only justify non-critical judgments. It considers the way that evidence can justify critical judgment only if it can support all the propositions of the judgment, thus leaving none of the propositions random and explains that evidence can justify non-critical judgments even where it leaves some propositions random. One implication is that 'naked statistical evidence' can only justify non-critical judgments. The evidential distinction is explored and attuned in a range of legal and related extra-legal contexts including:

criminal and civil judgments;
allocation of burdens based on profiling (like in 'stop and search');
distribution of resources based on profiling
private judgements in everyday life
justified belief

Introduction

PART I: THE EPISTEMOLOGY OF LEGAL FACT FINDING

1. The Rationality of Belief and Error Eliminability

I. Epistemology and Proof Paradoxes: A Very Brief Introduction

II. Legal Practice: Logically Ineliminable Errors

III. Rational Legal Belief

IV. Error Eliminability and Truth Tracking

V. Error Eliminability and Eliminative Induction

2. The Challenge from Error and Error Eliminability

I. Sceptical Challenges

II. Error Eliminability and the Argument about Error

III. Error Eliminability and Other Sceptical Arguments

3. Between the Epistemic and the Practical: Pushing against a Persisting Difficulty

I. Does Knowledge Have Practical Value?

II. The Practical Value of Epistemic Reasons: Stability of Belief and Successful Action

III. Pragmatism: The Epistemic Value of Practical Reasons

IV. A Shared Method of Reasoning for the Epistemic and the Practical

V. An Overarching Value: Introducing Respect

PART II: THE PRACTICALITY OF LEGAL FACT FINDING

4. Respecting, Asserting and Error Eliminability

I. Legal Assertions

II. Informing of Wrongdoing

III. Reasons to Inform as Reasons to Assert: Respect for Persons

IV. Respect and the Norm of (Legal) Assertion

V. Conclusions

5. Respecting, Doing Justice and Error Eliminability

I. Justice as Fairness and Justified Belief: The Convergence of Justifications

II. The Context of a Legal Trial

III. Accounting for the Convergence and Taking it Forward: Respect, Evidential Conditions and 'Disaster Prevention'

IV. A More Rigid Account: Epistemic Value as a Source of Moral Value

V. Conclusions

6. Resolution

I. Conflict Resolution Outside and Inside Legal Discourse

II. Error Eliminability and Legal Resolution

III. Some Procedural Implications

7. From Respect to Cost Analysis in Criminal Judgments

I. Evidence of Past Misconduct

II. Statistical Evidence that Indicates Propensity

III. Statistical Evidence that Does Not Indicate Propensity

IV. A Mutual Tragedy: The Error of the Legal System

V. Practical Implications: Aesthetics, Ethics and the Value of Choice

VI. Error Eliminability and Cost Analysis

PART III: RESPONSIBILITY

8. Epistemic and Moral Responsibility

I. Legal Assertions and Epistemic Responsibility

II. Legal Assertions and Practical Responsibility

III. Conclusions

PART IV: BEYOND LEGAL FACT FINDING

9. Applications

I. Artificial Intelligence

II. Algorithmic Sentencing: Predicting how a Human Would Make Retributive Judgements

III. Algorithmic Prediction of Students' Grades

IV. Allocation of Resources in the Private and Public Domains

V. Automated Cars and Other Dangerous Machines

VI. Profiling and Individual Risk Prediction Based on Group Affiliation

VII. Personal Attitudes

VIII. Beliefs about Groups and the Problem of Prejudice

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