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Author: Kong-Pin Chen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Judicial torture to extract information or elicit confession was a common practice in pre-modern societies, both in the East and the West. Moreover, often it was applied not only on the suspects, but also on the witnesses and plaintiffs as well. This paper proposes a positive theory for judicial torture. It is shown that torture reflects the magistrate's attempt to balance type I and type II errors in decision-making, by forcing the guilty to confess with higher probability than the innocent, and thereby decreases type I error at the cost of type II error. In that case, torturing the witnesses or the plaintiff might also serve the same function, as it helps to screen the cases so that only those with greater merits enter the court. When the information revealed during investigation improved as a result of technological advance, a judicial system based on torture became inferior to one based on evidence. This result is then used to explain the historical development of the judicial system.
Author: Kong-Pin Chen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Judicial torture to extract information or elicit confession was a common practice in pre-modern societies, both in the East and the West. Moreover, often it was applied not only on the suspects, but also on the witnesses and plaintiffs as well. This paper proposes a positive theory for judicial torture. It is shown that torture reflects the magistrate's attempt to balance type I and type II errors in decision-making, by forcing the guilty to confess with higher probability than the innocent, and thereby decreases type I error at the cost of type II error. In that case, torturing the witnesses or the plaintiff might also serve the same function, as it helps to screen the cases so that only those with greater merits enter the court. When the information revealed during investigation improved as a result of technological advance, a judicial system based on torture became inferior to one based on evidence. This result is then used to explain the historical development of the judicial system.
Author: Jeremy Bentham
Publisher:
ISBN:
Category :
Languages : en
Pages : 678
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Book Description
Author: Jeremy Bentham
Publisher:
ISBN:
Category : Philosophers
Languages : en
Pages : 320
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Book Description
Author: Senate Select Committee On Intelligence
Publisher: Melville House
ISBN: 1612198473
Category : Political Science
Languages : en
Pages : 672
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Book Description
The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.
Author: UNESCO
Publisher: UNESCO Publishing
ISBN: 9231004662
Category : Political Science
Languages : en
Pages : 210
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Book Description
Author: Shai Dothan
Publisher: Cambridge University Press
ISBN: 1107031133
Category : Law
Languages : en
Pages : 351
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Book Description
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Author: Swati Jhaveri
Publisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447
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Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author: United States
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 356
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Book Description
Author:
Publisher:
ISBN: 9780314228369
Category : Criminal procedure
Languages : en
Pages : 435
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Book Description
Author: Cosmas Moisidis
Publisher: Institute of Criminology
ISBN: 9780975196779
Category : Law
Languages : en
Pages : 302
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Book Description
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
