That is also why the rule is "legal truth = beyond all reasonable doubt" WC
--- On Sat, 1/3/09, GEOFF CREALOCK <[email protected]> wrote: > From: GEOFF CREALOCK <[email protected]> > Subject: Re: Malcolm Gladwell and beliefs > To: [email protected] > Date: Saturday, January 3, 2009, 10:10 AM > Michael: I don't understand that the courts are happy to > leave it to the > jury to sort through all the information. It seems to me > that witnesses are > asked to be careful, if not scrupulous, in what they > report. I agree that, > in the end, the jury (or judge) comes to a conclusion about > the "truth" but > the hope is that it is based on each witness' best > efforts to be truthful. > Which is it? You assume an either-or answer here. Persons > differ. For some, > one answer may apply; for some the other. > Geoff C > > > >From: Michael Brady <[email protected]> > >Reply-To: [email protected] > >To: [email protected] > >Subject: Re: Malcolm Gladwell and beliefs) > >Date: Sat, 3 Jan 2009 10:00:20 -0500 > > > >On Dec 31, 2008, at 3:57 PM, GEOFF CREALOCK wrote: > > > >>"... All memories are fiction" I wonder > if you would feel constrained if > >>you were required to "tell the truth, the > whole truth, and nothing but > >>the truth". > > > >The truthfulness you allude to is a legal concept. A > crucial part of this > >use of "truth" is that it can be verified, or > at least subjected to tests > >of its veracity. Please note that in court, when > testimony is given and > >evidence adduced, all of the testimony and much of the > evidence consist of > >representations, which are fictions, they are > representation and reports > >and replicas of some thing or event. The crime scene > photographs, the eye > >witness's description, the 911 tape recording, > etc., all of them > >constitute parts of a total view of the crime being > prosecuted. After they > >are presented, they are then tested. It is in the > testing that the truth > >of the representations are verified or disproved. The > truth tests > >determine for the jury whether the evidence is > reliable. That's the truth > >of the matter. > > > >>Presumably one fiction is as good, or better than > another. > > > > > >Which is it? <g> > > > > > >| | | | | | | | | | | | | | | | | | | > >Michael Brady > >[email protected]
