Download or read book The Burden of Proof written by Philip M. Halpern and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--
Download or read book Proving Discriminatory Violence at the European Court of Human Rights written by Jasmina Mačkić and published by BRILL. This book was released on 2018-07-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Download or read book The Burden of Proof written by A. A. F. Massawe and published by . This book was released on 2000 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burden of Proof written by Albert Kenneth Roland Kiralfy and published by Butterworths. This book was released on 1987 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Golden Thread of the English Criminal Law written by Rupert Cross and published by CUP Archive. This book was released on 1976-10-14 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by Yale University Press. This book was released on 2008-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
Download or read book Burdens and Standards of Proof in Criminal Cases written by Janet November and published by . This book was released on 2001 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A text for practitioners and students of law in the Procedure Series. The book states the present law regarding burdens of proving guilt in criminal cases in general outline. Compiles various exceptions to the prosecution's burden of proof, and separates criminal from civil discourse on burdens of proof.
Download or read book The Law of Presumptive Evidence written by John Davison Lawson and published by . This book was released on 1886 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence in International Criminal Trials written by Mark Klamberg and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Download or read book Criminal Evidence written by Derek Regensburger and published by Aspen Publishing. This book was released on 2022-09-15 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: With lucid text, four-color illustrations, and abundant examples, Criminal Evidence follows the path of evidence From Crime Scene to Courtroom. Focusing on the Federal Rules of Evidence and their state counterparts, Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. The book surveys the major concepts of evidence law such as relevance and burden of proof, discovery, admission of expert witness testimony, impeachment of witnesses, character evidence, hearsay, authentication of physical evidence, and more. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Videos of mock trial scenes on the book’s website reinforce students’ understanding of key concepts. New to the Third Edition: A new chapter on trial practice and witness preparation Streamlined discussions of the exclusionary rule, Miranda rights, and rape shield laws Updated material on eyewitness identification and admission of confessions, particularly the modification of the corpus delicti rule by many state courts Changes concerning the reliability of forensic evidence due to the release of the 2016 report on the issue authored by the President’s Council on Science and Technology, including the FBI’s rejoinder to that report New and expanded sections on bloodstain pattern analysis, arson investigation, and handwriting analysis New and updated practical examples and Evidence in Action articles to feature more recent events, including the Kyle Rittenhouse trial Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text
Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by . This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
Download or read book The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings written by Torsten Stirner and published by Martinus Nijhoff Publishers. This book was released on 2021-07-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Download or read book The Burdens of Proof written by Dale A. Nance and published by Cambridge University Press. This book was released on 2016-03-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.
Download or read book Beyond Reasonable Doubt and Probable Cause written by Barbara J. Shapiro and published by Univ of California Press. This book was released on 2022-05-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
Download or read book The Proof of Guilt written by Glanville Llewelyn Williams and published by . This book was released on 1963 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burden of Proof in Criminal Proceedings written by Australia. Parliament. Senate. Standing Committee on Constitutional and Legal Affairs and published by . This book was released on 1983 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
