Year: 2024
Type: article
Abstract: What is it for the verdict of a criminal trial to be just? It is widely agreed that a Guilty verdict is just only if the defendant did the relevant deed, and only if his rights were not violated in the process of apprehending, charging, and convicting him. I argue that more is required: he must be found Guilty because he is guilty, and not solely for other reasons. The conviction must be based on the guilt. I argue that many rules of evidence and procedural rules designed to protect a defendant's rights also encourage fulfillment of this basing condition and that the condition helps to explain how an erroneous conviction involving no misconduct can nevertheless be a moral wrong. I argue that the condition also gives an explanation (among others) of why a naked statistic is insufficient for a just conviction.
Source: Analytic Philosophy
DOI: 10.1111/phib.12355
Author: Sherrilyn Roush
Institution: University of California, Los Angeles
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,760
OpenAlex ID: W4402206514