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Cover of: Truth-Revealing Mechanisms for Courts
Winand Emons, Robert Cooter

Truth-Revealing Mechanisms for Courts

Section: Articles
Volume 159 (2003) / Issue 2, pp. 259-279 (21)
Published 09.07.2018
DOI 10.1628/0932456032974835
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Summary
In trials witnesses often slant their testimony in order to advance their own interests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truthrevealing mechanism. Moreover, we develop a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually finds that the testimony was incorrect; the court need not determine that testimony was dishonest. We explain how truth-revealing mechanisms could combat distortions of observations by factual witnesses and exaggerations by experts, including »junk science.«