The Trial And Determination Of Truth
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The Trial And Determination Of Truth
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Author :
language : en
Publisher:
Release Date : 1697
The Trial And Determination Of Truth written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1697 with categories.
The Trial And Determination Of Truth In Answer To The Best Choice For Religion And Government
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Author : CHOICE.
language : en
Publisher:
Release Date : 1697
The Trial And Determination Of Truth In Answer To The Best Choice For Religion And Government written by CHOICE. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1697 with categories.
The Trial And Determination Of Truth In Answer To The Best Choice For Religion And Government
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Author :
language : en
Publisher:
Release Date : 1697
The Trial And Determination Of Truth In Answer To The Best Choice For Religion And Government written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1697 with Church and state categories.
Nothing But The Truth
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Author : Steven Lubet
language : en
Publisher: NYU Press
Release Date : 2001-03-01
Nothing But The Truth written by Steven Lubet and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-01 with Law categories.
Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice."
Evidence Respect And Truth
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Author : Liat Levanon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-03
Evidence Respect And Truth written by Liat Levanon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.
Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It considers the legal trial as its paradigmatic case study before analysing a wide range of different cases, including profiling, the use of algorithms to predict students' grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising. They must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have done our best on evidence that allows success, our judgements are justified; and as such, they can resolve conflicts over the truth and over justice.
The Trial On Trial
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Author :
language : en
Publisher:
Release Date : 2004
The Trial On Trial written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Criminal procedure categories.
Criminal Discovery
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Author : Cosmas Moisidis
language : en
Publisher: Institute of Criminology
Release Date : 2008
Criminal Discovery written by Cosmas Moisidis and has been published by Institute of Criminology this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
A Philosophy Of Evidence Law
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Author : H. L. Ho
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
A Philosophy Of Evidence Law written by H. L. Ho and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
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.
From Truth To Technique At Trial
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Author : Phil Gaines
language : en
Publisher: Oxford University Press
Release Date : 2016
From Truth To Technique At Trial written by Phil Gaines and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Health & Fitness categories.
In this first ever discourse analysis of advocacy advice texts-manuals, handbooks, and other how-to guides written by lawyers for lawyers-Philip Gaines takes an intriguing look at how advice authors have historically discussed the metavalues of truth and justice in their advocacy texts-and how that discussion has changed from 1600 to the present day.
Criminal Justice And The Pursuit Of Truth
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Author : Hillier, Tim
language : en
Publisher: Policy Press
Release Date : 2021-06-16
Criminal Justice And The Pursuit Of Truth written by Hillier, Tim and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-16 with Social Science categories.
Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth – its complexities and nuances – and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.