The Epistemology of Plea Bargaining

Abstract

ABSTRACT Systems-oriented social epistemology (SYSOR), studies epistemic systems (ES) in which individuals work together to determine the epistemic status (true, justified, true beyond a reasonable doubt, etc.) of propositions relevant to the group. Science is the most obvious example of an ES and has attracted significant attention from epistemologists. The criminal justice system (CJS) has received far less. One reason CJS has gotten less notice is the fact that its epistemological function is subordinate to larger societal ends that are traditionally part of ethics. In contrast, the primary goal of science is the discovery of truth. Practical applications and ethical concerns are secondary to science itself. Since the primary purpose of the CJS is the administration of justice nearly all philosophical attention is devoted to that. In this paper I consider the CJS exclusively from an epistemological point of view. I argue that changes in the American CJS over the past forty years, in particular the almost complete reliance on plea bargaining, have damaged the system’s ability to determine the truth.