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Abstract What is it for the verdict of a criminal trial to be just? It is widely agreed that a Guilty verdict is just only if the defendant did the relevant deed, and only if his rights were not violated in the process of apprehending, charging, and convicting him. I argue that more is required: he must be found Guilty because he is guilty, and not solely for other reasons. The conviction must be based on the guilt. I argue that many rules of evidence and procedural rules designed to protect a defendant's rights also encourage fulfillment of this basing condition and that the condition helps to explain how an erroneous conviction involving no misconduct can nevertheless be a moral wrong. I argue that the condition also gives an explanation (among others) of why a naked statistic is insufficient for a just conviction.
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Sherrilyn Roush (Tue,) studied this question.
www.synapsesocial.com/papers/68e598e8b6db643587533b30 — DOI: https://doi.org/10.1111/phib.12355
Sherrilyn Roush
Analytic Philosophy
University of California, Los Angeles
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