You Can't Handle the Truth! Trial Juries and Credibility
53 Pages Posted: 16 May 2014
Date Written: 2014
Every now and again, we get a look, usually no more than a glimpse, at how the justice system really works. What we see — before the sanitizing curtain is drawn abruptly down — is a process full of human fallibility and error, sometimes noble, more often unfair, rarely evil but frequently unequal.
The central question, vital to our adjudicative model, is: How well can we expect a jury to determine credibility through the ordinary adversary processes of live testimony and vigorous impeachment? The answer, from all I have been able to see is: not very well.
Keywords: criminal law, trials, juries
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