An Empirical Method For Harmless Error
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An Empirical Method For Harmless Error
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Author : D. Winkelman
language : en
Publisher:
Release Date : 2017
An Empirical Method For Harmless Error written by D. Winkelman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Trials are often imperfect. When inadmissible evidence is introduced or the jury is incorrectly instructed, judges must determine whether the error was prejudicial or merely harmless. In making that assessment, judges resort to speculation about the counterfactual question of whether the error changed the outcome, compared to the decision of a properly informed and instructed jury. These decisions are likely colored by confirmation and status quo biases, along with “mental contamination” of the error itself. Even when appellate judges perform these analyses accurately, their decisions appear conclusory. Scholars and judges have roundly criticized this doctrine, but no solution has emerged. We developed and piloted an unbiased and transparent method for making harmless error determinations, using randomized experiments with simulated jurors. To pilot this method on three real cases, we recruited 489 human subjects to participate as mock jurors reviewing trial vignettes that we manipulated into conditions with and without the errors. Subjects were blinded to the purpose of the study and to the first trial's outcome. By comparing verdict rates in the error and no-error conditions, we estimated whether the error was harmful.We found a high degree of correspondence between the assessments of real judges and our experimental method, which could be taken as a validation of the method and reassurance that it would not cause a radical change in the rates at which new trials are granted. Still, across the thousands of cases in which harmless error determinations are made each year, the empirical method may be more reliable since it avoids known biases. The transparency of our method may also lend greater legitimacy to harmlessness determinations. If such a method is used as a tool for litigants in real cases, courts will be called upon to establish procedures for taking such evidence and then draw lines to specify how much prejudice is too much, while also being sensitive to the limitations of statistical power. Our study is most useful as proof of concept for a new method to improve harmless error analyses.
Harvard Law Review Volume 130 Number 7 May 2017
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2017-05-10
Harvard Law Review Volume 130 Number 7 May 2017 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-10 with Law categories.
Harvard Law Review Volume 131 Number 8 June 2018
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2018-06-07
Harvard Law Review Volume 131 Number 8 June 2018 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-07 with Law categories.
The Riddle Of Harmless Error
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Author : Roger J. Traynor
language : en
Publisher: Columbus : Ohio State University Press
Release Date : 1970
The Riddle Of Harmless Error written by Roger J. Traynor and has been published by Columbus : Ohio State University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Law categories.
Mostly Harmless Econometrics
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Author : Joshua D. Angrist
language : en
Publisher: Princeton University Press
Release Date : 2009-01-04
Mostly Harmless Econometrics written by Joshua D. Angrist 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 2009-01-04 with Business & Economics categories.
In addition to econometric essentials, this book covers important new extensions as well as how to get standard errors right. The authors explain why fancier econometric techniques are typically unnecessary and even dangerous.
Understanding Remedies
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Author : James M. Fischer
language : en
Publisher:
Release Date : 2021
Understanding Remedies written by James M. Fischer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Damages categories.
"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--
Empirical Legal Research In Action
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Author : Willem H. van Boom
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Empirical Legal Research In Action written by Willem H. van Boom and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Law categories.
Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.
Modern Studies In Property Law Volume 11
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Author : Sue Farran
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-29
Modern Studies In Property Law Volume 11 written by Sue Farran and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.
What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.
Comprehensive Criminal Procedure
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Author : Ronald Jay Allen
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-13
Comprehensive Criminal Procedure written by Ronald Jay Allen and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-13 with Law categories.
Comprehensive Criminal Procedure, Fifth Edition is perfect for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole. New to the Fifth Edition: Cutting edge developments in caselaw, statutory material, and academic commentary An important reordering of certain areas of the Fourth Amendment and related materials that make them even more user-friendly Insightful examination of the turmoil in the modern Fourth Amendment cases as the Supreme Court, notably splintered over the appropriate methods of interpreting the Constitution, faces the implications of rapidly changing technology. The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures Increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with careful presentation and editing A prestigious author team that incorporates the latest and most highly respected developments in legal scholarship in the field of criminal procedure law An appropriate balance of explanatory text and secondary material Thematic organization structured around important main themes Extensive revisions and updates A casebook that is the only criminal procedure casebook on the market today that enables students to understand the roots of the modern controversy over privacy and security in a digital age
Wills Trusts And Estates Tenth Edition
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Author : Robert H. Sitkoff
language : en
Publisher: Aspen Publishing
Release Date : 2017-06-05
Wills Trusts And Estates Tenth Edition written by Robert H. Sitkoff and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-05 with Law categories.
Wills, Trusts, and Estates