Download or read book Criminal Procedure Truth and Probability written by Tibor Király and published by . This book was released on 1979 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Truth Error and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Rethinking Evidence written by William Twining and published by Cambridge University Press. This book was released on 2006-06-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Download or read book Criminal Psychology written by Hans Gross and published by 谷月社. This book was released on 2015-10-30 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: INDEX GENERAL INTRODUCTION TO THE MODERN CRIMINAL SCIENCE SERIES. INTRODUCTION TO THE ENGLISH VERSION. AUTHOR’S PREFACE TO THE AMERICAN EDITION. TRANSLATOR’S NOTE. CRIMINAL PSYCHOLOGY. INTRODUCTION. Title A. The Conditions of Taking Evidence. Topic I. METHOD. Section 2. (b) The Method of Natural Science. Topic II. PSYCHOLOGIC LESSONS. Section 3. (a) General Considerations. Section 4. (b) Integrity of Witnesses. Section 5. (c) The Correctness of Testimony. Section 6. (d) Presuppositions of Evidence-Taking. Section 7. (e) Egoism. Section 8. (f) Secrets. Section 9. (g) Interest. Topic III. PHENOMENOLOGY: STUDY OF THE OUTWARD EXPRESSION OF MENTAL STATES. Section 10. Section 11. (a) General External Conditions. Section 12. (b) General Signs of Character. Section 13. (c) Particular Character-signs. (d) Somatic Character-Units. Section 14. (1)General Considerations. Section 15. (2)Causes of Irritation. Section 16. (3)Cruelty. Section 17. (4)Nostalgia. Section 18. (5)Reflex Movements. Section 19. (6)Dress. Section 20. (7)Physiognomy and Related Subjects. Section 21. (8)The Hand. Title B. The Conditions for Defining Theories. Topic I. THE MAKING OF INFERENCES. Section 22. Section 23. (2) Proof. Section 24. (b) Causation. Section 25. (c) Skepticism. Section 26. (d) The Empirical Method in the Study of Cases. Section 27. (e) Analogy. Section 28. (f) Probability. Section 29. (g) Chance. Section 30.(h) Persuasion and Explanation. Section 31. (i) Inference and Judgment. Section 32.(j) Mistaken Inferences. Section 33. (k) Statistics of the Moral Situation. Topic II. KNOWLEDGE. Section 34. Title A. General Conditions. Topic I. OF SENSE-PERCEPTION. Section 35. Section 36. (a) General Considerations. (b) The Sense of Sight. Section 37. (1)General Considerations. Section 38. (2)Color Vision. Section 39. (3)The Blind Spot. Section 40. (c) The Sense of Hearing. Section 41. (d) The Sense of Taste. Section 42. (e) The Sense of Smell. Section 43. (f) The Sense of Touch. Topic 2. PERCEPTION AND CONCEPTION. Section 44. Topic 3. IMAGINATION. Section 45. Topic 4. INTELLECTUAL PROCESSES. Section 46. (a) General Considerations. Section 47. (b) The Mechanism of Thinking. Section 48. (c) The Subconscious. Section 49. (d) Subjective Conditions. Topic 5. ASSOCIATION OF IDEAS. Section 50. Topic 6. RECOLLECTION AND MEMORY. Section 51. Section 52.(a) The Essence of Memory. Section 53. (b) The Forms of Reproduction. Section 54. (c) The Peculiarities of Reproduction. Section 55. (d) Illusions of Memory. Section 56. (e) Mnemotechnique. Topic 7. THE WILL. Section 57. Topic 8. EMOTION. Section 58. Topic 9. THE FORMS OF GIVING TESTIMONY. Section 59. Section 60. (a) General Study of Variety in Forms of Expression. Section 61. (b) Dialect Forms. Section 62. (c) Incorrect Forms of Expression. Title B. Differentiating Conditions of Giving Testimony. Topic 1. GENERAL DIFFERENCES. (a) Woman. Section 63. (1)General Considerations. Section 64. 2.Difference between Man and Women. (3)Sexual Peculiarities. Section 65. (a) General Considerations. Section 66. (b) Menstruation. Section 67. (c) Pregnancy. Section 68. (d) Erotic. Section 69. (e) Submerged Sexual Factors. (4)Particular Feminine Qualities. Section 70. (a) Intelligence. Section 71. 1. Conception. Section 72. 2. Judgment. Section 73. 3. Quarrels with Women. Section 74. (b) Honesty. Section 75. (c) Love, Hate and Friendship. Section 76. (d) Emotional Disposition and Related Subjects. Section 77. (e) Weakness. Section 78. (b) Children. Section 79. (1)General Consideration. Section 80. (2)Children as Witnesses. Section 81. (3)Juvenile Delinquency. Section 82. (c) Senility. Section 83. (d) Differences in Conception. Section 84. (e) Nature and Nurture. Section 85. I.The Influence of Nurture. Section 86. (2)The Views of the Uneducated. Section 87. (3)One-Sided Education. Section 88. (4)Inclination. Section 89. (5)Other Differences. Section 90. (6)Intelligence and Stupidity. Topic 2. ISOLATED INFLUENCES. Section 91. (a) Habit. Section 92. (b) Heredity. Section 93. (c) Prepossession. Section 94. (d) Imitation and the Crowd. Section 95. (e) Passion and Affection. Section 96. (f) Honor. Section 97. (g) Superstition. Topic 3. MISTAKES. (a) Mistakes of the Senses. Section 98. (1) General Considerations. Section 99. (2)Optical Illusions. Section 100. (3)Auditory Illusions. Section 101. (4)Illusions of Touch. Section 102. (5)Illusions of the Sense of Taste. Section 103. (6)The Illusions of the Olfactory Sense. Section 104. (b) Hallucinations and Illusions. Section 105. (c) Imaginative Ideas. (d)Misunderstandings. Section 106. (1) Verbal Misunderstandings. Section 107. (2)Other Misunderstandings. (e)The Lie. Section 108. (1) 1. General Considerations. Section 109. (2)The Pathoformic Lie. Section 110. (a) Sleep and Dream. Section 111. (b) Intoxication. Section 112. (c) Suggestion. APPENDIX A. SERIALS APPENDIX B. FOOTNOTES:

Download or read book Proposed Amendments to the Federal Rules of Criminal Procedure written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice and published by . This book was released on 1981 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Psychology written by Hanns Gross and published by . This book was released on 1911 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Psychology written by Hans Gross and published by . This book was released on 1911 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Owl of Minerva written by Boštjan M. Zupančič and published by Eleven International Publishing. This book was released on 2008 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the book is taken from Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. Based on his many years of experience in the field, the author shares his thoughts about human rights and the role it plays in society. In these thought-provoking essays, the author examines the dialectic relationship between rule of law and law and order; between state and individual; judicial power of logic vs executive logic of power. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and inspire judicial reasoning and the balancing of justice vis--vis power and arbitrariness.

Download or read book The Economy of Certainty written by Aron Zysow and published by Lockwood Press. This book was released on 2014-06-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.

Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by OUP Oxford. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Monash University Law Review written by Monash University. Faculty of Law and published by . This book was released on 2003 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Law and the Modernist Novel written by Rex Ferguson and published by Cambridge University Press. This book was released on 2013-07-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an interdisciplinary account of the relationship between criminal trials and novels in the modernist period.

Download or read book Facts and Evidence written by Baosheng Zhang and published by Springer Nature. This book was released on 2021-01-04 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.

Download or read book Principles of Polish Criminal Procedure written by Jaroslaw Zagrodnik and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is available in English on the procedural aspects of the Polish criminal justice system and the tenets of its criminal process. This authoritative new work addresses this gap. It sets out an analysis of the founding principles, its main phases and of those systemic and structural components which inform it. Taking an applied, practical approach, it surveys the process from beginning to end. Pre-trial, trial, post-trial, questions of evidence and remedies are all clearly addressed. The authors, two acknowledged experts in the field, also explore the role of more general rule of law/standards of law questions that are currently impacting on the law and its interpretation. Comparative criminal lawyers will welcome this important new work.

Download or read book Arizona Journal of International and Comparative Law written by and published by . This book was released on 1982 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Organs of Soviet Administration of Justice Their History and Operation written by Kucherov and published by BRILL. This book was released on 1970-06 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bowker s Law Books and Serials in Print written by and published by . This book was released on 1988 with total page 1370 pages. Available in PDF, EPUB and Kindle. Book excerpt: