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Author: Philip Gaines
Publisher: Oxford University Press
ISBN: 0199333610
Category : Law
Languages : en
Pages : 233
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Book Description
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
Author: Philip Gaines
Publisher: Oxford University Press
ISBN: 0199333610
Category : Law
Languages : en
Pages : 233
Get Book Here
Book Description
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
Author: R A Duff
Publisher: Hart Publishing
ISBN: 1841134422
Category : Law
Languages : en
Pages : 219
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Book Description
This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
Author: Christoph Safferling
Publisher: Oxford University Press
ISBN: 0199562881
Category : History
Languages : en
Pages : 637
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Book Description
This title sets out and analyses the procedural law applied by the International Criminal Court, systematically analysing the Court's organisational structure, overall procedural setting and the individual procedural regulations in comparison to that of other international tribunals.
Author: John Frederick Archbold
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 826
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Book Description
Author: Nathan J. Gordon
Publisher: Elsevier
ISBN: 0080477461
Category : Social Science
Languages : en
Pages : 309
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Book Description
Effective Interviewing and Interrogation Techniques, Second Edition, is completely revised and updated so as to cover all the information a student needs to know to obtain answers from a witness, a victim, or a suspect and how to interpret these answers with the utmost accuracy. Building on the previous edition's ground-breaking search for truth in criminal and non-criminal investigations, this book contains five new chapters which include coverage of false confessions, interviewing the mentally challenged, and the ethics of interrogation in a post 9/11 world. This new edition includes highly illustrated chapters with topics ranging from the psycho-physiological basis of the forensic assessment to preparation for the interview/interrogation; question formulation; projective analysis of unwitting verbal clues; interviewing children and the mentally challenged; and pre-employment interviewing. Also included are several model worksheets and documents, case studies, and complete instructions for using the authors' Integrated Interrogation Technique, a 10-point, highly successful approach to obtaining confessions that can stand up in court. The book concludes with an insightful look at the future of truth verification. This book will be of benefit to attorneys, coroners, detectives, educators, forensic psychophysiologists (lie detection), human resource professionals, intelligence professionals, and investigators as well as journalists/authors, jurists, medical professionals, psychological professionals, researchers, and students. - Expanded coverage of Statement Analysis, including actual statements from real cases.- New photos to aid in assessing nonverbal behavior.- Added section on assessment of written statements.
Author: Texas
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 430
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Book Description
Author: Linda Carter
Publisher: Edward Elgar Publishing
ISBN: 0857939580
Category : Law
Languages : en
Pages : 273
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Book Description
'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.
Author: Michael A. Cretacci
Publisher: Rowman & Littlefield
ISBN: 9780742558618
Category : Law
Languages : en
Pages : 434
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Book Description
Reasonable suspicion and stop and frisk -- Probable cause -- Arrest -- Searches and seizures with warrants -- Searches and seizures without warrants -- Searches and seizures without warrants II : special needs -- Automobile searches and seizures -- The exclusionary rule and its exceptions -- Interrogation and confessions -- The Miranda warnings -- Identification -- Prosecutorial procedures -- Right to counsel -- Juries and trial issues -- Posttrial procedures.
Author: Malgorzata Wasek-Wiaderek (Auteur)
Publisher: Leuven University Press
ISBN: 9789058670908
Category : Law
Languages : en
Pages : 68
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Book Description
The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.
Author: Harvey Humphrey Baker
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Book Description
