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

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Date posted: July 18, 2013 ; Last revised: September 28, 2013

Suggested Citation

Richman, Daniel C., Framing the Prosecution (July 17, 2013). Columbia Public Law Research Paper No. 13-361. Available at SSRN: https://ssrn.com/abstract=2295132 or http://dx.doi.org/10.2139/ssrn.2295132

Contact Information

Daniel C. Richman (Contact Author)
Columbia Law School ( email )
435 West 116th Street
New York, NY 10025
United States

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