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A Pragmatic Analysis Of Legal Proofs Of Criminal Intent
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Book Synopsis A Pragmatic Analysis of Legal Proofs of Criminal Intent by : Sol Azuelos-Atias
Download or read book A Pragmatic Analysis of Legal Proofs of Criminal Intent written by Sol Azuelos-Atias and published by John Benjamins Publishing. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
Download or read book Legal Pragmatics written by Dennis Kurzon and published by John Benjamins Publishing Company. This book was released on 2018-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
Book Synopsis Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation by : Ephraim Nissan
Download or read book Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation written by Ephraim Nissan and published by Springer Science & Business Media. This book was released on 2012-06-15 with total page 1375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.
Book Synopsis The International Journal of Speech, Language and the Law by :
Download or read book The International Journal of Speech, Language and the Law written by and published by . This book was released on 2007 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Current Publications in Legal and Related Fields by :
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Proving the Unprovable by : Christopher Slobogin
Download or read book Proving the Unprovable written by Christopher Slobogin and published by Oxford University Press. This book was released on 2006-09-07 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for researchers, scholars, advanced graduate students, and clinicians who work in risk assessment and criminal responsibility. It addresses the question of admitting expert testimony from behavioral health experts in determining matters of culpability and dangerousness by examining a number of factors, including the source of the expert testimony, whether juries need it, and whether it is presented as proven or informed in the court. It argues that the question cannot be understood as a dualistic matter of being for or against expert testimony; rather, its highly nuanced arguments show that determining who should be punished and who should be preventively detained must happen through an interdisciplinary process that looks at the specific circumstances of each case. It offers an analytic framework for making these determinations that treats culpability and dangerousness not as static, ontologically-complete entities, but rather as socially-constructed concepts that cannot be determined solely through the scientific method. The book makes the intriguing argument throughout that although expert testimony cannot be considered scientifically reliable or proven, it should nevertheless be included as long as it can be classified and understood as informed speculation because it makes legal factfinders attend more closely to the matters that the law considers pertinent to past mental states. It seeks to reconcile the tension between the law's demand for accuracy and the inability of behavioral science to provide more than speculative answers for most questions raised by the insanity defense and related doctrines and by sentencing, commitment and sex offender statutes that require determinations of risk.
Book Synopsis Language by : George Melville Bolling
Download or read book Language written by George Melville Bolling and published by . This book was released on 2007 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the annual meeting of the Society in v. 1-11, 1925-34. After 1934 they appear in Its Bulletin.
Book Synopsis Linguistics and Language Behavior Abstracts by :
Download or read book Linguistics and Language Behavior Abstracts written by and published by . This book was released on 2009 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defining Crimes by : Joseph L. Hoffmann
Download or read book Defining Crimes written by Joseph L. Hoffmann and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining Crimes, by the distinguished author team of Joseph L. Hoffmann (Indiana) and William J. Stuntz (late of Harvard), breaks from the tradition of Model Penal Code-centric casebooks and focuses instead on the rich intellectual and theoretical issues that arise from how crimes actually get defined and applied today by state and federal legislatures, trial and appellate courts, police, prosecutors, defense lawyers, and juries. The innovative approach of Defining Crimes enables the in-depth study of the problems and issues that affect the day-to-day contemporary practice of criminal law. New to the Fourth Edition: Three online chapters: Gun Crimes (formerly Chapter 8), Hate Crimes, and Crimmigration New section about the crime of receiving stolen property in Chapter 5 (Property Crimes) Principal case—U.S. v. Alvarez—about conspiracy in Chapter 7 (Inchoate Crimes and Accomplice Liability) New section about consent in Chapter 10 (Defenses), discussing the consent defense to crimes other than rape and sexual assault Notes discussing several prominent recent cases, including those involving Tamir Rice (2014), Brock Turner (2015), Amber Guyger (2018), Michael Drejka (2018), Michelle Carter (Mass. S.Ct. 2019), and George Floyd (2020)Extended excerpt from Kahler v. Kansas in Chapter 10 (Defenses), in which the Supreme Court upheld Kansas’s limited version of the insanity defense against a due process challenge, and notes about the Court’s recent decisions in Rehaif v. United States and Kelly v. United States Notes discussing recent constitutional challenges to the use of criminal law against persons experiencing homelessness Professors and students will benefit from: Strong emphasis on the traditional approach to mens rea still used in the large majority of American jurisdictions—including “general intent,” “specific intent,” malice, mistake doctrine, and strict liability. The Model Penal Code is also covered, for sake of comparison and because its alternative mens rea approach is used in some jurisdictions. A focus on the most commonly prosecuted crimes, including Property Crimes, Drug Crimes, and Crimes of Sex and Sexual Violence. Sub-chapter on Rape is carefully designed to prompt thoughtful class discussion about acquaintance rape, intoxication, “no means no,” and “yes means yes” laws and policies. Focus on the complex interactions between key institutional players—legislatures, courts, police, prosecutors, defense lawyers, and juries—that share responsibility for defining and applying crimes. Text written by experienced and distinguished authors. Introductory sections to explain the fundamentals of criminal law that students need to know in order to understand many of the chapters and sub-chapters. Secondary materials that provide in-depth social, historical, and/or political context for many of the issues that are covered in the book. A Contemporary approach, with most main cases decided since 2000, and notes that discuss cases drawn from today’s headlines.
Book Synopsis The Legislative History of the International Criminal Court by : M. Cherif Bassiouni
Download or read book The Legislative History of the International Criminal Court written by M. Cherif Bassiouni and published by . This book was released on 2005 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use. Published under the Transnational Publishers imprint.
Book Synopsis The Mind of the Criminal by : Reid Griffith Fontaine
Download or read book The Mind of the Criminal written by Reid Griffith Fontaine and published by Cambridge University Press. This book was released on 2012-01-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the excusing nature of traditional and non-traditional criminal law defenses and questions the structure of these based on scientific findings.
Book Synopsis The Language of Jury Trial by : C. Heffer
Download or read book The Language of Jury Trial written by C. Heffer and published by Springer. This book was released on 2005-11-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.
Book Synopsis Annual report - American Law Institute by :
Download or read book Annual report - American Law Institute written by and published by . This book was released on 1977 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Changing Role of Criminal Law in Controlling Corporate Behavior by : James M. Anderson
Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
Book Synopsis Statutory Interpretation by : Douglas Walton
Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Download or read book The Lawyer written by and published by . This book was released on 1937 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Law written by John Kaplan and published by Aspen Publishers. This book was released on 1996 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting substantive criminal law with a clarity that greatly enhances teaching and student comprehension, this edition of CRIMINAL LAW: Cases and Materials offers timely and streamlined coverage of homicide among its many new features. Bob Weisberg and new co-author Guyora Binder provide: reorganized coverage of the death penalty new coverage of intriguing cultural defenses for self defense and defensive force in chapters on homicide. Upholding the 'liveliness' trademark of this successful book, The authors interweave appellate case law with timely newspaper articles, excerpts from FBI manuals, and other rich interdisciplinary materials to help your students better Understand The law. Other features to this edition include: new chapters on corporate liability and complicity more demographic analysis of who and why we punish the reorganization of strict liability and culpability into one chapter, closing with the Cheek and Ratzlaf Supreme Court cases careful editing of RICO materials, incorporating World Trade Center materials thoroughly revised insanity materials expanded theft materials, including white collar crime, embezzlement, insider trading, and cyber crime Enhanced accessibility: a new brief introduction new and improved textual explanations a revised Teacher's Manual
