Beyond Reasonable Doubt And Probable Cause

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Beyond Reasonable Doubt And Probable Cause

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Author : Barbara J. Shapiro
language : en
Publisher: Univ of California Press
Release Date : 1991-01-01

Beyond Reasonable Doubt And Probable Cause written by Barbara J. Shapiro and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with History categories.

Beyond Reasonable Doubt And Probable Cause

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Author : Barbara J. Shapiro
language : en
Publisher: Univ of California Press
Release Date : 2023-11-10

Beyond Reasonable Doubt And Probable Cause written by Barbara J. Shapiro and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with History categories.

Beyond Reasonable Doubt and Probable Cause: Historical Perspectives on the Anglo-American Law of Evidence delves into the evolution of evidentiary doctrines within the Anglo-American legal system, focusing on their development from the early modern period to the twentieth century. This book examines the historical and intellectual underpinnings of key concepts like "beyond reasonable doubt" and "probable cause," exploring their roles in shaping the criminal justice process across various stages, from arrest to jury deliberation. By engaging with both doctrinal writings and broader philosophical and religious influences, the study highlights the interplay between evolving legal standards and cultural notions of truth and certainty. The work also traces the migration of evidentiary principles between institutions, such as the grand jury, trial jury, and pretrial hearings, and examines how these concepts were influenced by Romano-canon traditions. The book is structured thematically, addressing three major areas: the interaction between legal and philosophical ideas of evidence and proof; the transmission of evidentiary concepts across different procedural stages; and the impact of Romano-canon traditions on English law. Individual chapters tackle topics such as the trial jury's reliance on "beyond reasonable doubt," the grand jury's evidentiary standards, and the migration of "probable cause" across arrest, search, and pretrial procedures. The analysis also revisits philosophical contributions to evidentiary concepts and explores the incorporation of circumstantial evidence and presumption into Anglo-American legal thought. Ultimately, this study sheds light on how these legal doctrines have shaped and reflected the intellectual and institutional foundations of Anglo-American legal culture. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

The Origins Of Reasonable Doubt

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Author : James Q. Whitman
language : en
Publisher: Yale University Press
Release Date : 2008-01-01

The Origins Of Reasonable Doubt written by James Q. Whitman and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings

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Author : Torsten Stirner
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2021-07-15

The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings written by Torsten Stirner and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.

This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Criminal Law For The 21st Century

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Author : Chan Wing Cheong
language : en
Publisher: Academy Publishing
Release Date : 2013-07-19

Criminal Law For The 21st Century written by Chan Wing Cheong and has been published by Academy Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-19 with Criminal law categories.

In this book, the authors propose a set of improved and modernised provisions expressing the general principles of criminal responsibility. This set of principles will comprise a 'General Part' which, it is proposed, will form part of Singapore's Penal Code. The key objective of devising and enacting the General Part is to significantly revitalise the Penal Code and restore many of its original technical attributes. Each chapter of this book comprises: (a) a carefully considered and drafted provision on a general principle of criminal responsibility; (b) a summary of the existing law in Singapore pertaining to that principle; (c) a selection of recent formulations of that principle from other jurisdictions to benchmark Singapore's law (both current and proposed) with international best practices; and (d) a comparison of these formulations with the provision proposed in this book for inclusion as a General Part in Singapore's Penal Code.

Model Rules Of Professional Conduct

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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007

Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Verdict According To Conscience

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Author : Thomas Andrew Green
language : en
Publisher:
Release Date : 1988-09-01

Verdict According To Conscience written by Thomas Andrew Green and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-09-01 with Criminal law categories.

Wings Of Fire

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Author : Avul Pakir Jainulabdeen Abdul Kalam
language : en
Publisher: Universities Press
Release Date : 1999

Wings Of Fire written by Avul Pakir Jainulabdeen Abdul Kalam and has been published by Universities Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Biography & Autobiography categories.

Avul Pakir Jainulabdeen Abdul Kalam, The Son Of A Little-Educated Boat-Owner In Rameswaram, Tamil Nadu, Had An Unparalled Career As A Defence Scientist, Culminating In The Highest Civilian Award Of India, The Bharat Ratna. As Chief Of The Country`S Defence Research And Development Programme, Kalam Demonstrated The Great Potential For Dynamism And Innovation That Existed In Seemingly Moribund Research Establishments. This Is The Story Of Kalam`S Rise From Obscurity And His Personal And Professional Struggles, As Well As The Story Of Agni, Prithvi, Akash, Trishul And Nag--Missiles That Have Become Household Names In India And That Have Raised The Nation To The Level Of A Missile Power Of International Reckoning.

Core Concepts In Criminal Law And Criminal Justice

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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-17

Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-17 with Law categories.

Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.

The Law And Practice Of The International Criminal Court

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Author : Carsten Stahn
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.