‘Hoist with His Own Petard?’ Guilty Lies and Ironic Inferences in Criminal Proof

Current Legal Problems, Vol. 54, pp. 377-413, 2001

University of Queensland TC Beirne School of Law Research Paper No. 09-26

28 Pages Posted: 11 Oct 2009

See all articles by David A. Hamer

David A. Hamer

The University of Sydney - Faculty of Law

Date Written: 2001

Abstract

The guilty-lie inference involves an ironical reversal. The defendant’s exculpatory statement - an alibi, for example - is proven false and ends up being used by the prosecution for an inculpatory purpose. The defendant is hoist with his own petard. This article uses the notion of irony to analyse the guilty-lie inference, both its sometimes fragile logic and its potentially dangerous allure.

Keywords: courts, criminal law, criminal procedure, evidence, judicial reasoning

Suggested Citation

Hamer, David A., ‘Hoist with His Own Petard?’ Guilty Lies and Ironic Inferences in Criminal Proof (2001). Current Legal Problems, Vol. 54, pp. 377-413, 2001, University of Queensland TC Beirne School of Law Research Paper No. 09-26, Available at SSRN: https://ssrn.com/abstract=1483465

David A. Hamer (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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