The criminal justice system strives to uncover the truth. Even when it operates as it should, however, its interpretation of the evidence may depend on whether a witness is reliable or a theory—such as the arson investigators’ assumptions about the effect of accelerants—is correct. At the moment when it matters most, there may be no objective basis for answering such questions. Information is limited, yet a determination must be made. The deliberators have no choice but to fall back on what seems most plausible to them. Much later, it may become clear that a witness was untrustworthy or that a
...more