Academic

Lauden on Reasonable Doubt

By Lawrence Solum

Larry Laudan (Instituto de Investigaciones Filosoficas and University of Texas School of Law) has posted Is Reasonable Doubt Reasonable? on SSRN. Here is the abstract:

This paper analyses the multiple tensions and confusions in appellate-court efforts to explain the criminal standard of proof. It concludes that the ambiguous and highly subjectivist character of the Supreme Court's recent glosses on this conception render it virtually meaningless. It is virtually indistinguishable from a standard saying that any doubt whatever, even inarticulable doubts, can justify an acquittal.

Full post as published by Legal Theory Blog on July 02, 2008 (boomark / email).