DOAJ Open Access 2025

Must Jurors Know the Stakes of Conviction? Sentencing, Encroachment, and Legal Proof

Eleanor Gordon-Smith John Colin Bradley

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Abstrak

A recent view in legal epistemology holds that since knowledge is the standard for proof of criminal guilt, and since there is pragmatic encroachment on knowledge, contrary to current trial practice juries should be told the sentence a defendant would receive if convicted. We argue against this view. First, pragmatic encroachment on legal proof would produce distorted and unjust trial practice. Second, even granting pragmatic encroachment on legal proof would not of itself undermine the basic justification for withholding sentencing evidence from juries. We close on the false allure of epistemology-first arguments for legal reform.

Topik & Kata Kunci

Jurisprudence. Philosophy and theory of law

Penulis (2)

Eleanor Gordon-Smith

John Colin Bradley

Format Sitasi

APA MLA BibTeX

Gordon-Smith, E., Bradley, J.C. (2025). Must Jurors Know the Stakes of Conviction? Sentencing, Encroachment, and Legal Proof. https://doi.org/10.16995/pp.17105

Akses Cepat

Lihat di Sumber doi.org/10.16995/pp.17105

Informasi Jurnal

Tahun Terbit: 2025
Sumber Database: DOAJ
DOI: 10.16995/pp.17105
Akses: Open Access ✓