Criminal Testimonial Injustice

Criminal Testimonial Injustice argues that testimony is extracted from individuals through coercive, manipulative, or deceptive processes, which is then unreasonably regarded as representing the testifiers' truest or most reliable selves. This epistemic wrong involves brute State power targeting the epistemic agency of citizens, extracting false testimony, and rendering victims complicit in their own undoing. Understanding what it means to respect the epistemic agency of each participant in the criminal legal system is essential to grasp what justice demands and reimagine what is possible.

Format: Hardback
Length: 224 pages
Publication date: 01 April 2023
Publisher: Oxford University Press

Criminal Testimonial Injustice delves into a comprehensive analysis that encompasses the fields of philosophy, law, and social psychology. It reveals a profound truth: throughout the American criminal legal process, from the initial stages of interrogation rooms to the final decisions made by parole boards, testimony is coercively, manipulatively, or deceitfully extracted from individuals. This testimony is then unfairly regarded as a true reflection of the testifiers' authentic selves. The book encompasses a wide range of topics, including false confessions, eyewitness misidentifications, recantations from victims of sexual violence, and expressions of remorse from innocent defendants during sentencing hearings. It argues that a distinctive epistemic wrong is being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves the brute force of the State targeting the epistemic agency of its citizens, resulting in the extraction of false testimony that can have devastating consequences for individuals' lives. Moreover, it renders the victims in question complicit in their own undoing.

To fully comprehend the demands of justice and reimagine what is possible, it is essential to understand the concept of respecting the epistemic agency of each participant in the criminal legal system. This means acknowledging that individuals have the capacity to understand, reason, and make informed decisions. It also means recognizing that they are entitled to be treated with dignity, respect, and fairness throughout the process. By valuing the epistemic agency of all involved, we can strive to create a system that is more just, equitable, and accountable.

One of the key insights of Criminal Testimonial Injustice is that the coercive, manipulative, or deceptive processes used to extract testimony often lead to false confessions and eyewitness misidentifications. These errors can have profound consequences for individuals, as they can result in wrongful convictions, lengthy prison sentences, and even the loss of their freedom. Moreover, they can undermine public trust in the criminal justice system, as people may question the reliability of testimony and the fairness of the legal process.

To address these issues, it is essential to implement reforms that promote the integrity and reliability of testimony. This can include measures such as improving training for law enforcement officers and prosecutors, implementing witness protection programs, and promoting the use of evidence-based practices in interrogation techniques. It is also important to recognize the role that social psychology plays in shaping testimony and to address any biases or cognitive errors that may influence witnesses' perceptions and recollections.

Furthermore, Criminal Testimonial Injustice highlights the importance of victim advocacy and support. Victims of crime often face significant emotional and psychological trauma, and they may be pressured or coerced into providing testimony that is not accurate or truthful. It is essential to provide support and resources to victims to ensure that they are able to participate fully in the criminal legal process and that their voices are heard.

In conclusion, Criminal Testimonial Injustice provides a powerful and compelling analysis of the issues surrounding the use of testimony in the criminal legal system. It highlights the profound epistemic wrong that is perpetrated against suspects, defendants, witnesses, and victims. By understanding the importance of respecting the epistemic agency of each participant and implementing reforms that promote the integrity and reliability of testimony, we can strive to create a system that is more just, equitable, and accountable. It is only through reimagining what is possible that we can truly achieve justice for all.

Weight: 500g
Dimension: 163 x 241 x 21 (mm)
ISBN-13: 9780192864109