Manuscrito (Oct 2024)

Jennifer Lackey, Criminal Testimonial Injustice, Oxford: Oxford University Press, 2023, 224pp.

  • ROBERT VINTEN

DOI
https://doi.org/10.1590/0100-6045.2024.v47n4.rv
Journal volume & issue
Vol. 47, no. 4

Abstract

Read online Read online

Abstract At the heart of Jennifer Lackey's recent book is highly original work in identifying a form of testimonial injustice that is quite distinct from those hitherto identified. Since the publication of Miranda Fricker’s Epistemic Injustice there has been an enormous flurry of work done on injustices where people are wronged as givers of knowledge (testimonial injustice) or where people are wronged in their capacity as a subject of social understanding (hermeneutical injustice). Fricker’s focus in that book was on cases where people are not believed or where deflated credibility is given to their word as a result of prejudice in the hearer . However, Lackey points out that there are many instances where people are wronged not by being granted too little credibility but by being given too much credibility. False confessions, guilty pleas, and eyewitness testimony are sometimes taken as sufficient to imprison people or even execute them, despite the fact that the testimony in question has been extracted through manipulation, deception, and coercion and despite the fact that other evidence is lacking or conflicts with the false confessions, guilty pleas, or eyewitness testimony.

Keywords