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Full Description
Through a detailed analysis that draws on work across philosophy, the law, and social psychology, Criminal Testimonial Injustice shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers' truest or most reliable selves.
With chapters ranging from false confessions and eyewitness misidentifications to recantations from victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible.
Contents
Acknowledgments
Introduction
Credibility and Testimonial Injustice
Credibility
Hearer-Excess Testimonial Injustice
Distributive Testimonial Injustice
Normative Testimonial Injustice
Wide Norm of Credibility
Moving Beyond the Standard Conception of Testimonial Injustice
False Confessions and Agential Testimonial Injustice
False Confessions
Testimonial Injustice
Extracted Testimony
Credibility Excess
Agential Testimonial Injustice
Why?
Conclusion
Eyewitness Testimony and Epistemic Agency
Eyewitness Testimony
Manipulation, Deception, and Coercion
Credibility Excess
Other Forms of Extraction
Moving Forward
Conclusion
Plea Deals and Systemic Testimonial Injustice
Coercion
Plea Deals
Epistemic Deficits
Agential Testimonial Injustice
Conclusion
Race, Gender, and the Multi-Directional Model of Credibility Assessments
The Multi-Directional Model
Race
Gender
Other Forms of Extraction: Recantations by Victims in Domestic Violence Cases
Conclusion
Admissions of Guilt and Expressions of Remorse: Sentencing and Parole Hearings
Sentencing Hearings
Parole Hearings
Conclusion
Conclusion
References
Index
