Evidence Law Adrift

Author : Mirjan R. Damaska
Publisher : Yale University Press
Page : 171 pages
File Size : 50,7 Mb
Release : 1997-01-01
Category : Law
ISBN : 9780300146479

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Evidence Law Adrift by Mirjan R. Damaska Pdf

In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere.

Author : Mirjan Damaška
Publisher : Cambridge University Press
Page : 161 pages
File Size : 49,9 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781108497282

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Evaluation of Evidence by Mirjan Damaška Pdf

Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.

Author : John D Jackson,Maximo Langer
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 48,8 Mb
Release : 2008-09-29
Category : Law
ISBN : 9781847314628

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Crime, Procedure and Evidence in a Comparative and International Context by John D Jackson,Maximo Langer Pdf

This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

Author : Leonard M. Niehoff
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2016
Category : Evidence (Law)
ISBN : 1634602986

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Evidence Law by Leonard M. Niehoff Pdf

Softbound - New, softbound print book.

Author : Peter Duff
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 52,7 Mb
Release : 2018-12-31
Category : Law
ISBN : 9781474414791

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Scottish Criminal Evidence Law by Peter Duff Pdf

Why did Enlightenment happen in Edinburgh?

Author : H. L. Ho
Publisher : OUP Oxford
Page : 362 pages
File Size : 46,5 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780191551741

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A Philosophy of Evidence Law by H. L. Ho Pdf

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 : Peter Duff,Pamela R. Ferguson
Publisher : EUP
Page : 296 pages
File Size : 49,6 Mb
Release : 2019-08-31
Category : Law
ISBN : 1474414788

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Scottish Criminal Evidence Law by Peter Duff,Pamela R. Ferguson Pdf

Analyses the recent, sweeping changes to Scottish criminal evidence law and what they entail Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century. This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what the ramifications are for the future of Scottish criminal evidence law. The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused's previous convictions, the Crown's duty of disclosure and the need for corroboration.

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 51,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477

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Comparative Reasoning in International Courts and Tribunals by Daniel Peat Pdf

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Author : Dimitrios Giannoulopoulos
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 47,8 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781509923243

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Improperly Obtained Evidence in Anglo-American and Continental Law by Dimitrios Giannoulopoulos Pdf

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely.

Author : Richard Arum,Josipa Roksa
Publisher : University of Chicago Press
Page : 272 pages
File Size : 43,9 Mb
Release : 2011-01-15
Category : Education
ISBN : 9780226028576

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Academically Adrift by Richard Arum,Josipa Roksa Pdf

In spite of soaring tuition costs, more and more students go to college every year. A bachelor’s degree is now required for entry into a growing number of professions. And some parents begin planning for the expense of sending their kids to college when they’re born. Almost everyone strives to go, but almost no one asks the fundamental question posed by Academically Adrift: are undergraduates really learning anything once they get there? For a large proportion of students, Richard Arum and Josipa Roksa’s answer to that question is a definitive no. Their extensive research draws on survey responses, transcript data, and, for the first time, the state-of-the-art Collegiate Learning Assessment, a standardized test administered to students in their first semester and then again at the end of their second year. According to their analysis of more than 2,300 undergraduates at twenty-four institutions, 45 percent of these students demonstrate no significant improvement in a range of skills—including critical thinking, complex reasoning, and writing—during their first two years of college. As troubling as their findings are, Arum and Roksa argue that for many faculty and administrators they will come as no surprise—instead, they are the expected result of a student body distracted by socializing or working and an institutional culture that puts undergraduate learning close to the bottom of the priority list. Academically Adrift holds sobering lessons for students, faculty, administrators, policy makers, and parents—all of whom are implicated in promoting or at least ignoring contemporary campus culture. Higher education faces crises on a number of fronts, but Arum and Roksa’s report that colleges are failing at their most basic mission will demand the attention of us all.

Author : Charles Nemeth
Publisher : Jones & Bartlett Learning
Page : 355 pages
File Size : 55,9 Mb
Release : 2011-08-24
Category : Law
ISBN : 9780763766610

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Law and Evidence by Charles Nemeth Pdf

"Law and Evidence: A Primer for Criminal Justice, Criminology, Law and Legal Studies, Second Edition," introduces the complex topics of evidence law in a straightforward and accessible manner. The use and function of criminal evidence and civil evidence in cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Second Edition includes new sections on Rules and Case Law Analysis, Forensic Cases, and Evidentiary Software Programs.

Author : Abraham S. Goldstein
Publisher : Yale University Press
Page : 304 pages
File Size : 53,7 Mb
Release : 1967-01-28
Category : Law
ISBN : 0300000995

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The Insanity Defense by Abraham S. Goldstein Pdf

The insanity defense has become the most passionately debated issue in criminal law, a debate marked by slogans and stereotypes. Mr. Goldstein offers a reasoned study of that debate and the current rules behind the law, as well as a careful examination of what might be expected from any new rules now proposed.

Author : Christian Dahlman
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,9 Mb
Release : 2021
Category : Law
ISBN : 9780198859307

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Philosophical Foundations of Evidence Law by Christian Dahlman Pdf

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.

Author : Anonim
Publisher : Jones & Bartlett Publishers
Page : 354 pages
File Size : 48,7 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9781449656324

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Law and Evidence: A Primer for Criminal Justice, Criminology, Law and Legal Studies by Anonim Pdf

Author : Jonathan Doak,Claire Mcgourlay,Mark Thomas
Publisher : Routledge
Page : 713 pages
File Size : 45,8 Mb
Release : 2018-02-19
Category : Law
ISBN : 9781351679534

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Evidence: Law and Context by Jonathan Doak,Claire Mcgourlay,Mark Thomas Pdf

Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses covering both criminal evidence and civil evidence. It takes a contextual approach discussing how wider policy debates and societal trends have impacted upon the recent evolution of the law in order to provide students with an explanation as to how and why the law has developed. The fifth edition has been revised to include: coverage of R v Hunter 2015 and its impact on good character evidence; developments in procedures relating to young and vulnerable witnesses; and more in-depth coverage of key cases. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.