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 A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press on Demand. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Basic Concepts of Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 1998-09-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.
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 Testimony written by Scott Turow and published by Grand Central Publishing. This book was released on 2017-05-16 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scott Turow, #1 New York Times bestselling author and "one of the major writers in America" (NPR), returns with a page-turning legal thriller about an American prosecutor's investigation of a refugee camp's mystifying disappearance. At the age of fifty, former prosecutor Bill ten Boom has walked out on everything he thought was important to him: his law career, his wife, Kindle County, even his country. Still, when he is tapped by the International Criminal Court--an organization charged with prosecuting crimes against humanity--he feels drawn to what will become the most elusive case of his career. Over ten years ago, in the apocalyptic chaos following the Bosnian war, an entire Roma refugee camp vanished. Now for the first time, a witness has stepped forward: Ferko Rincic claims that armed men marched the camp's Gypsy residents to a cave in the middle of the night--and then with a hand grenade set off an avalanche, burying 400 people alive. Only Ferko survived. Boom's task is to examine Ferko's claims and determinine who might have massacred the Roma. His investigation takes him from the International Criminal Court's base in Holland to the cities and villages of Bosnia and secret meetings in Washington, DC, as Boom sorts through a host of suspects, ranging from Serb paramilitaries, to organized crime gangs, to the US government itself, while also maneuvering among the alliances and treacheries of those connected to the case: Layton Merriwell, a disgraced US major general desperate to salvage his reputation; Sergeant Major Atilla Doby,a vital cog in American military operations near the camp at the time of the Roma's disappearance; Laza Kajevic, the brutal former leader of the Bosnian Serbs; Esma Czarni, Ferko's alluring barrister; and of course, Ferko himself, on whose testimony the entire case rests-and who may know more than he's telling. A master of the legal thriller, Scott Turow has returned with his most irresistibly confounding and satisfying novel yet.
Download or read book Understanding Criminal Law written by Christopher M. V. Clarkson and published by Sweet & Maxwell. This book was released on 2005 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
Download or read book Confessions Truth and the Law written by Joseph D. Grano and published by University of Michigan Press. This book was released on 1996 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the Miranda decision and the rights of the accused in the criminal justice system
Download or read book Criminal written by Tom Gash and published by Penguin UK. This book was released on 2016-05-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way we see and understand crime falls into two types of story that, in essence, have been told and retold many times throughout human history - in fiction, as in fact. Criminality is either a selfish choice, an aberration; or a forced choice, the product of social factors. These two stories continue to dominate both our views of and responses to crime. And, says Tom Gash, they are completely wrong. In seeking to dispel the myths that surround and inform our views of crime, Criminal argues that our obsession with 'big arguments' about crime's causes can lead us to mistake individual cases as proof of universal rules. How, he asks, can we suspend our knee-jerk reactions, and begin to understand crime for what it is: as a risk that can be managed and reduced.
Download or read book Prison Truth written by William J. Drummond and published by University of California Press. This book was released on 2020-01-07 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: San Quentin State Prison, California’s oldest prison and the nation’s largest, is notorious for once holding America’s most dangerous prisoners. But in 2008, the Bastille-by-the-Bay became a beacon for rehabilitation through the prisoner-run newspaper the San Quentin News. Prison Truth tells the story of how prisoners, many serving life terms, transformed the prison climate from what Johnny Cash called a living hell to an environment that fostered positive change in inmates’ lives. Award-winning journalist William J. Drummond takes us behind bars, introducing us to Arnulfo García, the visionary prisoner who led the revival of the newspaper. Drummond describes how the San Quentin News, after a twenty-year shutdown, was recalled to life under an enlightened warden and the small group of local retired newspaper veterans serving as advisers, which Drummond joined in 2012. Sharing how officials cautiously and often unwittingly allowed the newspaper to tell the stories of the incarcerated, Prison Truth illustrates the power of prison media to humanize the experiences of people inside penitentiary walls and to forge alliances with social justice networks seeking reform.
Download or read book Law and Lies written by Austin Sarat and published by Cambridge University Press. This book was released on 2015-07-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law has a strangely complicated relationship to deception. Though it sometimes takes a hard line on behalf of truth - 'the truth, the whole truth, and nothing but the truth' - competing values often cause law to look the other way. How and why is lying alternately accepted, condemned, or prosecuted? What are the government's interests in allowing or disallowing lying? Law and Lies is the first book to thematically address the role of lying in the American legal system. Undercover police agents are permitted to lie in the name of catching criminals, and government officials are permitted to lie in service of national security. In the case of the military's 'Don't ask, don't tell' policy, lying was not only permitted, but actively encouraged. A range of illuminating case studies reveal that the government's tolerance of deception is rarely as simple as the 'whole truth'.
Download or read book Truth and Evidence written by Melissa Schwartzberg and published by NYU Press. This book was released on 2021-11-30 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relationship between truth and politics has rarely seemed more vexed. Worries about misinformation and disinformation abound, and the value of expertise for democratic decision-making dismissed. Whom can we trust to provide us with reliable testimony? In Truth and Evidence, the latest in the NOMOS series, Melissa Schwartzberg and Philip Kitcher present nine timely essays shedding light on practices of inquiry. These essays address urgent questions including what it means to #BelieveWomen; what factual knowledge we require to confront challenges like COVID-19; and how white supremacy shapes the law of evidence"--
Download or read book When Truth Is All You Have written by Jim McCloskey and published by Anchor. This book was released on 2021-06-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A riveting and infuriating examination of criminal prosecutions, revealing how easy it is to convict the wrong person and how nearly impossible it is to undo the error.” —Washington Post "No one has illuminated this problem more thoughtfully and persistently." —Bryan Stevenson, author of Just Mercy Jim McCloskey was at a midlife crossroads when he met the man who would change his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment, in 1980, was as a chaplain at Trenton State Prison. Among the inmates was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. He swore to McCloskey that he was innocent—and, over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the case. Two years later, thanks to those efforts, Jorge de los Santos walked free, fully exonerated. McCloskey had found his calling. He established Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with his staff and a team of forensic experts, lawyers, and volunteers—through tireless investigation and an unflagging dedication to justice—Centurion has freed 65 innocent prisoners who had been sentenced to life or death. When Truth Is All You Have is McCloskey's inspirational story, as well as those of the unjustly imprisoned for whom he has fought. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the soul-bearing account of a man who has redeemed innumerable lives—and incited a movement—with nothing more than his unshakeable belief in the truth.
Download or read book Criminal Justice and the Pursuit of Truth written by Tim Hillier and published by Policy Press. This book was released on 2022-12 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the criminal justice system achieve justice based on its ability to determine the truth? This book investigates the concept of truth and scrutinises how well the criminal justice process facilitates truth-finding. It bridges the gap between what people expect from the justice system and what it can legitimately deliver.
Download or read book Law and Neuroscience written by Owen D. Jones and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course
Download or read book Criminal Investigation written by Bill Van Allen and published by . This book was released on 2011-01-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Investigation, Second Edition has been updated to reflect current police practices and techniques in investigating and assessing crime scenes. This new edition contains more information on DNA and using technology in investigations, as well as a new case law decision dealing with sufficiency of investigative notes, new images dealing with forensic artistry, and an updated section on conducting a photographic lineup. Based on the author's 32-years experience as a police officer and detective, Criminal Investigation represents personal experiences and lessons from some of the finest investigators, coroners, prosecutors, judges, and other justice professionals. Van Allen introduces the groundwork for beginning an investigation in great detail and provides real case examples from a national perspective.
Download or read book Justice Liability And Blame written by Paul H. Robinson and published by Routledge. This book was released on 2019-03-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
Download or read book The Law s Flaws written by Larry Laudan and published by . This book was released on 2016-08-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
