 A second criticism of the relative plausibility theory is that, despite the purported utilisation of “inference to the best explanation” reasoning, the verdict is not controlled by the best explanation. For instance, even if the prosecution’s hypothesis is better than the defence’s hypothesis, neither may be very good. In these circumstances, the court must reject the prosecution’s hypothesis even though it is the best of alternatives (Laudan 2007). One suggested mitigation of this criticism is to place some demand on the epistemic effort that the trier of fact must take (for example, by being sufficiently diligent and thorough) in constructing the set of hypotheses from which the best is to be chosen (Amaya 2009: 155).