CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, July 24, 2013

Richman on Framing the Prosecution

Richman danielDaniel C. Richman (Columbia Law School) has posted Framing the Prosecution on SSRN. Here is the abstract:

Even as we endeavor to give criminal defendants the means and license to raise reasonable doubts -- to put investigations on trial -- we need to think more about when and how those doubts can be allayed. What tools should we give jurors to assess the alleged holes – the “reasonableness” of an alleged doubt? And how can the prosecution try to mend them? How we answer these questions will affect the value of trials as a systemic regulatory mechanism in a world with very few trials. Sparked by Dan Simon’s work on the “diagnosticity” of criminal trials, this essay proposes a quiet reframing of trials as regulatory interventions into a sparsely regulated world.

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