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Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235
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Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235
Get Book
Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Author: H. L. Ho
Publisher: Oxford University Press on Demand
ISBN: 0199228302
Category : Law
Languages : en
Pages : 362
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Book Description
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0190623489
Category : Law
Languages : en
Pages : 240
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Book Description
In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
Author: Scott Turow
Publisher: Grand Central Publishing
ISBN: 1455553522
Category : Fiction
Languages : en
Pages : 496
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Book Description
Scott Turow, #1 New York Times bestselling author and "one of the major writers in America" (NPR), returns with a page-turning legal thriller about an American prosecutor's investigation of a refugee camp's mystifying disappearance. At the age of fifty, former prosecutor Bill ten Boom has walked out on everything he thought was important to him: his law career, his wife, Kindle County, even his country. Still, when he is tapped by the International Criminal Court--an organization charged with prosecuting crimes against humanity--he feels drawn to what will become the most elusive case of his career. Over ten years ago, in the apocalyptic chaos following the Bosnian war, an entire Roma refugee camp vanished. Now for the first time, a witness has stepped forward: Ferko Rincic claims that armed men marched the camp's Gypsy residents to a cave in the middle of the night--and then with a hand grenade set off an avalanche, burying 400 people alive. Only Ferko survived. Boom's task is to examine Ferko's claims and determinine who might have massacred the Roma. His investigation takes him from the International Criminal Court's base in Holland to the cities and villages of Bosnia and secret meetings in Washington, DC, as Boom sorts through a host of suspects, ranging from Serb paramilitaries, to organized crime gangs, to the US government itself, while also maneuvering among the alliances and treacheries of those connected to the case: Layton Merriwell, a disgraced US major general desperate to salvage his reputation; Sergeant Major Atilla Doby,a vital cog in American military operations near the camp at the time of the Roma's disappearance; Laza Kajevic, the brutal former leader of the Bosnian Serbs; Esma Czarni, Ferko's alluring barrister; and of course, Ferko himself, on whose testimony the entire case rests-and who may know more than he's telling. A master of the legal thriller, Scott Turow has returned with his most irresistibly confounding and satisfying novel yet.
Author: H. L. Ho
Publisher: OUP Oxford
ISBN: 0191551740
Category : Law
Languages : en
Pages : 362
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Book Description
The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Author: Alan M. Dershowitz
Publisher: Simon and Schuster
ISBN: 068483264X
Category : Law
Languages : en
Pages : 276
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Book Description
One of America's leading appeal lawyers, Alan Dershowitz was the man chosen to prepare the appeal should O.J. Simpson have been convicted. Now Professor Dershowitz uses this case to examine the larger issues and to identify the social forces - media, money, gender, and race - that shape the criminal-justice system in America today. How could one of the longest trials in the history of America's judicial system produce a verdict after only hours of jury deliberation? Was this really a case of circumstantial evidence?
Author: Susan Haack
Publisher: Cambridge University Press
ISBN: 1107039967
Category : Law
Languages : en
Pages : 445
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Book Description
Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.
Author: Zachary Hoskins
Publisher: Routledge
ISBN: 1000345467
Category : Philosophy
Languages : en
Pages : 178
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Book Description
This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.
Author: Melissa Schwartzberg
Publisher: NYU Press
ISBN: 1479811599
Category : Law
Languages : en
Pages : 243
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Book Description
"The relationship between truth and politics has rarely seemed more vexed. Worries about misinformation and disinformation abound, and the value of expertise for democratic decision-making dismissed. Whom can we trust to provide us with reliable testimony? In Truth and Evidence, the latest in the NOMOS series, Melissa Schwartzberg and Philip Kitcher present nine timely essays shedding light on practices of inquiry. These essays address urgent questions including what it means to #BelieveWomen; what factual knowledge we require to confront challenges like COVID-19; and how white supremacy shapes the law of evidence"--
Author: Jim McCloskey
Publisher: Anchor
ISBN: 0525566821
Category : Biography & Autobiography
Languages : en
Pages : 321
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Book Description
“A riveting and infuriating examination of criminal prosecutions, revealing how easy it is to convict the wrong person and how nearly impossible it is to undo the error.” —Washington Post "No one has illuminated this problem more thoughtfully and persistently." —Bryan Stevenson, author of Just Mercy Jim McCloskey was at a midlife crossroads when he met the man who would change his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment, in 1980, was as a chaplain at Trenton State Prison. Among the inmates was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. He swore to McCloskey that he was innocent—and, over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the case. Two years later, thanks to those efforts, Jorge de los Santos walked free, fully exonerated. McCloskey had found his calling. He established Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with his staff and a team of forensic experts, lawyers, and volunteers—through tireless investigation and an unflagging dedication to justice—Centurion has freed 65 innocent prisoners who had been sentenced to life or death. When Truth Is All You Have is McCloskey's inspirational story, as well as those of the unjustly imprisoned for whom he has fought. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the soul-bearing account of a man who has redeemed innumerable lives—and incited a movement—with nothing more than his unshakeable belief in the truth.
