The Elementary Epistemic Arithmetic of Criminal Justice

2008 ◽  
Author(s):  
Larry Laudan
Keyword(s):  
Criminal Justice ◽  
Epistemic Arithmetic

The Elementary Epistemic Arithmetic of Criminal Justice

Episteme ◽  
2008 ◽  
Vol 5 (3) ◽  
pp. 282-294 ◽  
Author(s):  
Larry Laudan
Keyword(s):  
Criminal Justice ◽  
The Political ◽  
Innocent Person ◽  
Criminal Trials ◽  
Standard Of Proof ◽  
Political Morality ◽  
Serious Crime ◽  
Epistemic Arithmetic

This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted of a serious crime and the risk of being criminally victimized by someone who was falsely acquitted.

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