Reducing Error in the Criminal Justice System
48 Seton Hall Law Review 1265 (2018)
54 Pages Posted: 9 May 2018 Last revised: 29 Aug 2018
Date Written: May 8, 2018
Larry Laudan’s recent work, including his most recent book, previous articles, and now his article and presentation for this Symposium, give us cause to reflect on the fundamental goals of the criminal justice system, and on whether our institutions, and the research surrounding them, are raising the right questions and resolving them in the most accurate and effective ways. For Professor Laudan, the primary purpose of the criminal justice system is to minimize harm—whether harm committed by the state against innocent individuals (conviction of the innocent—the problem of false positives), or harm caused by individuals engaging in crime (which is exacerbated by what he calls false acquittals, or the false negative problem).
Keywords: criminal justice system, incarceration, reasonable doubt standard, error
JEL Classification: K14
Suggested Citation: Suggested Citation