It’s Court, Sport: Lying Isn’t Punished; Only Losing Is

Posted on December 18, 2017

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A falsely accused defendant facing trial, especially a scrupulously honest one, should meditate on the title’s maxim long and hard.

If it inspires one or more of the following conclusions, then reflection on it has paid off.

  • The truth doesn’t matter if it’s ineffective.
  • The defendant who considers him- or herself a “defendant” and not a combatant is meat (and boy and girl scouts are prime cuts).
  • Judges decide “truth” based on “evidence,” which can be represented any way either litigant wants.
  • Compelling narration is more important than truth.
  • The counteractive story that controverts a lie and that can be supported by the “facts and evidence” is more effective than denial of the “facts and evidence” (especially if the “facts and evidence” are histrionic claims and interpretations that can’t be disproved).
  • There is no “what really happened”; there’s only what a judge is moved to believe really happened.

Truth is the concern of philosophers. Judges are not philosophers.

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