A Theory Of The Trial

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A Theory Of The Trial

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Author : Robert P. Burns
language : en
Publisher: Princeton University Press
Release Date : 2001-10-08

A Theory Of The Trial written by Robert P. Burns and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-08 with Law categories.

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.

A Theory Of The Trial

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Author : Robert P. Burns
language : en
Publisher:
Release Date : 1999

A Theory Of The Trial written by Robert P. Burns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

Exploring how American criminal trials bring about justice, this text 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.

A Theory Of The Trial

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Author : Robert P Burns
language : en
Publisher:
Release Date : 1999-01-01

A Theory Of The Trial written by Robert P Burns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with categories.

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.

The Trial On Trial Volume 1

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Author : R A Duff
language : en
Publisher: Hart Publishing
Release Date : 2004-12-31

The Trial On Trial Volume 1 written by R A Duff and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-12-31 with Law categories.

This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.

Political Trials In Theory And History

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Author : Jens Meierhenrich
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-27

Political Trials In Theory And History written by Jens Meierhenrich 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 2017-02-27 with Political Science categories.

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.

The Right To A Fair Trial In International Law

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Author : Amal Clooney
language : en
Publisher:
Release Date : 2020

The Right To A Fair Trial In International Law written by Amal Clooney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with History categories.

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Research Foundations

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Author : Douglas Woodwell
language : en
Publisher: SAGE Publications
Release Date : 2013-11-07

Research Foundations written by Douglas Woodwell and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Social Science categories.

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

The Trial

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Author : Jill Hunter
language : en
Publisher:
Release Date : 2015

The Trial written by Jill Hunter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal procedure categories.

Brett Whiteley (Australia; England, b.1939, d.1992)Hyena: no. 6 from the series My relationship between screen printing and Regents Park Zoo between June and August 1965 (detail)(1965)two-colour screenprint, printed on paper, 76.1 x 60 cmArt Gallery of New South WalesPurchased 1965Photo: AGNSW© Wendy Whiteley______________________________________Written by leading evidence law scholars, combined with practitioner contribution, The Trial examines procedural and evidentiary law under the uniform Evidence Acts. This is a book for evidence law students, scholars and for practising lawyers.The Trial challenges mainstream approaches to teaching evidence law by:contextualising the trial within key pre-trial processes, including police questioning, disclosure obligations and pleadings;connecting law reform, lawyers' roles and their ethical obligations to promote justice in a broad rather than a narrow, anodyne or legalistic fashion;acknowledging 21st century lawyers' need for literacy across human rights fair trial norms and their common law equivalents; andits interdisciplinary emphasis.The Trial focuses its study on the important functions of adversarialism and the oral tradition, as well as the consequential price exacted through diminishing access to justice for the vulnerable, particularly those with mental illness or cognitive impairment, children and sexual assault complainant witnesses. Regarding Indigenous Australians, The Trial also shows how such challenges compound the pre-existing harshness of criminal justice processes. In Australia, no comprehensive evidence book presents doctrinal analysis so comprehensively within a humanising context.The Trial places the criminal jury trial centre-stage. This is where the law of evidence and procedure is commonly hotly contested, where major defining evidentiary case law arises and where the cut and thrust of advocacy, crucially shaping the trial, are classically on show. It is also where rapid change has an impact on expertise and, through law reform, creates pressures on fundamental accusatorial principles in an increasingly complex justice environment.

Trials

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Author : Martha Merrill Umphrey
language : en
Publisher: Routledge
Release Date : 2017-11-30

Trials written by Martha Merrill Umphrey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.

This volume gathers a collection of the most seminal essays written by leading experts in the fields of law, and cultural studies, which address the cultural dimension of trials. Taken together, these essays conceive of trials as sites of legal performance and as critical public spaces in which the law both encounters and interacts dialogically with the culture in which it is embedded. Inquiring into the contours of that dialogic relation, these essays trace the paths of cultural stories as they circulate in and through trial settings, examine how trials emerge out of particular social and historical contexts, and suggest ways in which trials themselves, as both singular events and generic forms, circulate and signify in culture.

The Impact Of Scientific Evidence On The Criminal Trial

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Author : Oriola Sallavaci
language : en
Publisher: Routledge
Release Date : 2014-02-05

The Impact Of Scientific Evidence On The Criminal Trial written by Oriola Sallavaci and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-05 with Law categories.

This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.