A Theory of the Trial PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Theory of the Trial PDF full book. Access full book title A Theory of the Trial by Robert P. Burns. Download full books in PDF and EPUB format.
Author: Robert P. Burns
Publisher: Princeton University Press
ISBN: 1400823374
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Author: Robert P. Burns
Publisher: Princeton University Press
ISBN: 1400823374
Category : Law
Languages : en
Pages : 258
Get Book Here
Book Description
Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 1108107656
Category : Political Science
Languages : en
Pages : 451
Get Book Here
Book Description
From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Author: Douglas Woodwell
Publisher: SAGE Publications
ISBN: 1483334058
Category : Social Science
Languages : en
Pages : 224
Get Book Here
Book Description
Designing research can be daunting and disorienting for novices. After experiencing this first-hand, the author has written a book that shows how to mentally frame research in a way that is understandable and approachable while also discussing some of the more specific issues that will aid the reader in understanding the options available when pursuing their research. Stressing the link between research and theory-building, this concise book shows students how new knowledge is discovered through the process of research. The author presents a model that ties together research processes across the various traditions and shows how different types of research interrelate. The book is sophisticated in its presentation, but uses plain language to provide an explanation of higher-level concepts in an engaging manner. Throughout the book, the author treats research methodologies as a blueprint for answering a wide range of interesting questions, rather than simply a set of tools to be applied. The book is an excellent guide for students who will be consumers of research and who need to understand how theory and research interrelate. "The author did an excellent job on this text. This text is the missing link in explaining research methodologies. His comparison/contrasts are excellent. Moreover, the author provides interesting alternatives and discusses how each alternative might improve the validity of research." —James Anthos, South University, Columbia "...With only six chapters, the text can be covered in a short time allowing for students to spend the majority of their time investigating social issues and developing research. Students who read and understand this book will have the knowledge and resources to cover material they are unfamiliar with." —R. David Frantzreb II, University of North Carolina - Charlotte "I am looking for something just like this that is not overbearing for the student but will complement the supplementary material and resources that I am using with my students. I think the coverage is broad enough that I could use it with all of my groups." —Karen Larwin, Youngstown State University "...I think the author’s emphasis on demonstrating the relationship between theory and research is terribly important and understated in so many other texts. I also think that in the hands of competent professors, it can be supplemented with other sources to help students learn while not being encumbered financially with an expensive tome for which they may only use a fraction of it." —John R. Mitrano, Central Connecticut State University
Author: Peter Burdon
Publisher: Routledge
ISBN: 1317273532
Category : Law
Languages : en
Pages : 309
Get Book Here
Book Description
Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt’s text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.
Author: William H. Simon
Publisher: Harvard University Press
ISBN: 9780674002753
Category : Law
Languages : en
Pages : 265
Get Book Here
Book Description
William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.
Author: Piergiorgio Corbetta
Publisher: SAGE
ISBN: 1446236706
Category : Social Science
Languages : en
Pages : 338
Get Book Here
Book Description
`This is an impressively detailed, clearly written book.... It is a book that I would like students to read′ - Clive Seale, Goldsmiths College, London Social Research: Theory, Methods and Techniques presents an understanding of social research practice through appreciation of its foundations and methods. Stretching from the philosophy of science to detailed descriptions of both qualitative and quantitative techniques, it illustrates not only `how′ to do social research, but also `why′ particular techniques are used today. The book is divided into three parts: Part One: Illustrates the two basic paradigms - quantitative and qualitative - of social research, describing their origins in philosophical thought and outlining their current interpretations. Part Two: Devoted to quantitative research, and discusses the relationship between theory and research practice. It also presents a discussion of key quantitative research techniques. Part Three: Examines qualitative research. Topics range from classical qualitative techniques such as participant observation, to more recent developments such as ethnomethodological studies. Overall, the author offers an engaging contribution to the field of social research and this book is a reminder of the solid foundations upon which most social research is conducted today. As a consequence it will be required reading for students throughout the social sciences, and at various levels.
Author: Erik Nielson
Publisher: The New Press
ISBN: 1620973413
Category : Social Science
Languages : en
Pages : 223
Get Book Here
Book Description
A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.
Author: Feifang Hu
Publisher: John Wiley & Sons
ISBN: 0470055871
Category : Mathematics
Languages : en
Pages : 234
Get Book Here
Book Description
Presents a firm mathematical basis for the use of response-adaptive randomization procedures in practice The Theory of Response-Adaptive Randomization in Clinical Trials is the result of the authors' ten-year collaboration as well as their collaborations with other researchers in investigating the important questions regarding response-adaptive randomization in a rigorous mathematical framework. Response-adaptive allocation has a long history in biostatistics literature; however, largely due to the disastrous ECMO trial in the early 1980s, there is a general reluctance to use these procedures. This timely book represents a mathematically rigorous subdiscipline of experimental design involving randomization and answers fundamental questions, including: How does response-adaptive randomization affect power? Can standard inferential tests be applied following response-adaptive randomization? What is the effect of delayed response? Which procedure is most appropriate and how can "most appropriate" be quantified? How can heterogeneity of the patient population be incorporated? Can response-adaptive randomization be performed with more than two treatments or with continuous responses? The answers to these questions communicate a thorough understanding of the asymptotic properties of each procedure discussed, including asymptotic normality, consistency, and asymptotic variance of the induced allocation. Topical coverage includes: The relationship between power and response-adaptive randomization The general result for determining asymptotically best procedures Procedures based on urn models Procedures based on sequential estimation Implications for the practice of clinical trials Useful for graduate students in mathematics, statistics, and biostatistics as well as researchers and industrial and academic biostatisticians, this book offers a rigorous treatment of the subject in order to find the optimal procedure to use in practice.
Author: Tetsuden Kashima
Publisher: University of Washington Press
ISBN: 0295802332
Category : Social Science
Languages : en
Pages : 336
Get Book Here
Book Description
2004 Washington State Book Award Finalist Judgment without Trial reveals that long before the 1941 attack on Pearl Harbor, the U.S. government began making plans for the eventual internment and later incarceration of the Japanese American population. Tetsuden Kashima uses newly obtained records to trace this process back to the 1920s, when a nascent imprisonment organization was developed to prepare for a possible war with Japan, and follows it in detail through the war years. Along with coverage of the well-known incarceration camps, the author discusses the less familiar and very different experiences of people of Japanese descent in the Justice and War Departments� internment camps that held internees from the continental U.S. and from Alaska, Hawaii, and Latin America. Utilizing extracts from diaries, contemporary sources, official communications, and interviews, Kashima brings an array of personalities to life on the pages of his book � those whose unbiased assessments of America�s Japanese ancestry population were discounted or ignored, those whose works and actions were based on misinformed fears and racial animosities, those who tried to remedy the inequities of the system, and, by no means least, the prisoners themselves. Kashima�s interest in this episode began with his own unanswered questions about his father�s wartime experiences. From this very personal motivation, he has produced a panoramic and detailed picture � without rhetoric and emotionalism and supported at every step by documented fact � of a government that failed to protect a group of people for whom it had forcibly assumed total responsibility.
Author: Sabine Gless
Publisher: Springer
ISBN: 3030125203
Category : Law
Languages : en
Pages : 387
Get Book Here
Book Description
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
