Framing the Prosecution
Daniel C. Richman
Columbia Law School
July 17, 2013
Columbia Public Law Research Paper No. 13-361
Even as we endeavor to give criminal defendants the means and license to raise reasonable doubts -- to put investigations on trial -- we need to think more about when and how those doubts can be allayed. What tools should we give jurors to assess the alleged holes – the “reasonableness” of an alleged doubt? And how can the prosecution try to mend them? How we answer these questions will affect the value of trials as a systemic regulatory mechanism in a world with very few trials. Sparked by Dan Simon’s work on the “diagnosticity” of criminal trials, this essay proposes a quiet reframing of trials as regulatory interventions into a sparsely regulated world.
Number of Pages in PDF File: 21
Keywords: criminal trials, evidence, prosecutions, criminal investigations
JEL Classification: K41, K14
Date posted: July 18, 2013 ; Last revised: September 28, 2013
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