Truth Error And Criminal Law
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Truth Error And Criminal Law
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Author : Larry Laudan
language : en
Publisher: Cambridge University Press
Release Date : 2006-06-05
Truth Error And Criminal Law written by Larry Laudan 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 2006-06-05 with Philosophy categories.
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a 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.
The Law S Flaws
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Author : Larry Laudan
language : en
Publisher:
Release Date : 2016-08-22
The Law S Flaws written by Larry Laudan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-22 with Law categories.
This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.
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.
Error And Criminal Law
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Author :
language : en
Publisher:
Release Date : 2006
Error And Criminal Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
A Philosophy Of Evidence Law
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Author : H. L. Ho
language : en
Publisher: Oxford University Press, USA
Release Date : 2008-03-06
A Philosophy Of Evidence Law written by H. L. Ho 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 2008-03-06 with Law categories.
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Criminal Procedure Truth And Probability
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Author : Tibor Király
language : en
Publisher:
Release Date : 1979
Criminal Procedure Truth And Probability written by Tibor Király and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
Convictions Without Truth
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Author : Robert Schehr
language : en
Publisher: Routledge
Release Date : 2022-05-03
Convictions Without Truth written by Robert Schehr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-03 with Law categories.
Convictions Without Truth sets out to determine whether and to what extent science and law may coexist in an institutional relationship that truthfully generates individualization through application of forensic testimony for charges relating to violations of criminal law. In the first two chapters, readers are exposed to contemporary unscientific forensic practices as juxtaposed to the evidentiary standard announced by the United States Supreme Court in Daubert v. Merrill Dow Pharmaceuticals, as well as scientific requirements for validity and reliability of expert witness testimony. The remaining chapters provide an explanation for retention of existing, though faulty, forensic practices by way of analysis of path dependency, the fixation of belief, and neuro and cognitive psychology. Through immanent critique and unmasking, the book deconstructs prevailing forensic practices through application of existing published documentation. The final chapter addresses the fixation of belief from the perspective of neuropsychology and cognitive psychology. Readers will gain an understanding of the current concerns relating to application of contemporary forensic practices; current case law and federal rules guiding the introduction of expert witness testimony; and why it is that despite widely recognized concerns raised from within and outside of the criminal legal system, application of unscientific forensic practices continues. The book also shows how the criminal legal system is experiencing a paradigm shift due to dialectical juxtaposition of existing unscientific forensic practices with contemporary science. Readers are shown that because of its continued reliance upon unscientific forensic practices, the criminal legal system reveals its hegemonic commitment to social control through its willingness to accept "satisfying" as opposed to "truthful" results that generate wrongful convictions. Convictions Without Truth will be of particular interest to students, academics, and practitioners working within the criminal legal field. It will also appeal to those wanting to know more about forensics and criminal law.
Comparative Criminal Procedure
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Author : Jacqueline E. Ross
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Comparative Criminal Procedure written by Jacqueline E. Ross 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 2016-06-24 with Law categories.
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
The Proof Of Guilt
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Author : Glanville Llewelyn Williams
language : en
Publisher:
Release Date : 1963
The Proof Of Guilt written by Glanville Llewelyn Williams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Criminal procedure categories.