‘Hoist with His Own Petard?’ Guilty Lies and Ironic Inferences in Criminal Proof
Current Legal Problems, Vol. 54, pp. 377-413, 2001
University of Queensland TC Beirne School of Law Research Paper No. 09-26
28 Pages Posted: 11 Oct 2009
Date Written: 2001
Abstract
The guilty-lie inference involves an ironical reversal. The defendant’s exculpatory statement - an alibi, for example - is proven false and ends up being used by the prosecution for an inculpatory purpose. The defendant is hoist with his own petard. This article uses the notion of irony to analyse the guilty-lie inference, both its sometimes fragile logic and its potentially dangerous allure.
Keywords: courts, criminal law, criminal procedure, evidence, judicial reasoning
Suggested Citation: Suggested Citation
Hamer, David A., ‘Hoist with His Own Petard?’ Guilty Lies and Ironic Inferences in Criminal Proof (2001). Current Legal Problems, Vol. 54, pp. 377-413, 2001, University of Queensland TC Beirne School of Law Research Paper No. 09-26, Available at SSRN: https://ssrn.com/abstract=1483465
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