{"title":"赤裸裸的统计证据和判决司法","authors":"Sherrilyn Roush","doi":"10.1111/phib.12355","DOIUrl":null,"url":null,"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 <jats:italic>because</jats:italic> 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.","PeriodicalId":45646,"journal":{"name":"Analytic Philosophy","volume":"38 1","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2024-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Naked statistical evidence and verdictive justice\",\"authors\":\"Sherrilyn Roush\",\"doi\":\"10.1111/phib.12355\",\"DOIUrl\":null,\"url\":null,\"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 <jats:italic>because</jats:italic> 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.\",\"PeriodicalId\":45646,\"journal\":{\"name\":\"Analytic Philosophy\",\"volume\":\"38 1\",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2024-09-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Analytic Philosophy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1111/phib.12355\",\"RegionNum\":2,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analytic Philosophy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1111/phib.12355","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
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.