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A Theory Of The Trial
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Book Synopsis A Theory of the Trial by : Robert P. Burns
Download or read book A Theory of the Trial written by Robert P. Burns and published by Princeton University Press. This book was released on 2001-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Book Synopsis A Theory of the Trial by : Robert P Burns
Download or read book A Theory of the Trial written by Robert P Burns and published by . This book was released on 1999-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Book Synopsis Political Trials in Theory and History by : Jens Meierhenrich
Download or read book Political Trials in Theory and History written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Download or read book Trials on Trial written by Gordon Tullock and published by Columbia University Press. This book was released on 1980 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers.
Download or read book Hannah Arendt written by Peter Burdon and published by Routledge. This book was released on 2017-09-18 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt’s text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.
Book Synopsis The Practice of Justice by : William H. Simon
Download or read book The Practice of Justice written by William H. Simon and published by Harvard University Press. This book was released on 2009-06-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.
Book Synopsis Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Book Synopsis The Trial on Trial: Volume 3 by : R A Duff
Download or read book The Trial on Trial: Volume 3 written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-20 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.
Book Synopsis Principles and Practice of Clinical Trial Medicine by : Richard Chin
Download or read book Principles and Practice of Clinical Trial Medicine written by Richard Chin and published by Elsevier. This book was released on 2008-07-25 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical trials are an important part of medicine and healthcare today, deciding which treatments we use to treat patients. Anyone involved in healthcare today must know the basics of running and interpreting clinical trial data. Written in an easy-to-understand style by authors who have considerable expertise and experience in both academia and industry, Principles and Practice of Clinical Trial Medicine covers all of the basics of clinical trials, from legal and ethical issues to statistics, to patient recruitment and reporting results. Jargon-free writing style enables those with less experience to run their own clinical trials and interpret data Book contains an ideal mix of theory and practice so researchers will understand both the rationale and logistics to clinical trial medicine Expert authorship whose experience includes running clinical trials in an academic as well as industry settings Numerous illustrations reinforce and elucidate key concepts and add to the book's overall pedagogy
Book Synopsis Defense Perspectives on International Criminal Justice by : Colleen Rohan
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Book Synopsis The Domino Theory by : Edward P. Capozzi
Download or read book The Domino Theory written by Edward P. Capozzi and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: [T]his book will explain how to set up your case presuit, as well as during the discovery process, to collect the dominos -- or facts and evidence -- that you'll ultimately use at trial to prove proximate cause. The domino theory can also assist you in preparing your case for settlement by preparing a pretiral settlement package showing that the negligence of the defendant was proximate cause of the accident and laying out the resultant accident and injuries in an indisputable chronological format.
Book Synopsis Summer for the Gods by : Edward J Larson
Download or read book Summer for the Gods written by Edward J Larson and published by Basic Books. This book was released on 2020-06-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pulitzer Prize-winning history of the Scopes Trial and the battle over evolution and creation in America's schools In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the twentieth century's most contentious courtroom dramas, pitting William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes, represented by Clarence Darrow and the ACLU, in a famous debate over science, religion, and their place in public education. That trial marked the start of a battle that continues to this day-in cities and states throughout the country. Edward Larson's classic Summer for the Gods -- winner of the Pulitzer Prize in History -- is the single most authoritative account of this pivotal event. An afterword assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved.
Book Synopsis Modernity on Endless Trial by : Leszek Kolakowski
Download or read book Modernity on Endless Trial written by Leszek Kolakowski and published by University of Chicago Press. This book was released on 1997-06-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leszek Kolakowski delves into some of the most intellectually vigorous questions of our time in this remarkable collection of essays garnished with his characteristic wit. Ten of the essays have never appeared before in English. "Exemplary. . . . It should be celebrated." —Arthur C. Danto, New York Times Book Review "This book . . . express[es] Kolakowski's thought on God, man, reason, history, moral truth and original sin, prompted by observation of the dramatic struggle among Christianity, the Enlightenment and modern totalitarianism. It is a wonderful collection of topics." —Thomas Nagel, Times Literary Supplement "No better antidote to bumper-sticker thinking exists than this collection of 24 'appeals for moderation in consistency,' and never has such an antidote been needed more than it is now." —Joseph Coates, Chicago Tribune "Whether learned or humorous, these essays offer gems in prose of diamond hardness, precision, and brilliance." —Thomas D'Evelyn, The Christian Science Monitor A "Notable Books of the Year 1991" selection, New York Times Book Review—a "Noted with Pleasure" selection, New York Times Book Review—a "Summer Reading 1991" selection, New York Times Book Review—a "Books of the Year" selection, The Times.
Book Synopsis Judgment Without Trial by : Tetsuden Kashima
Download or read book Judgment Without Trial written by Tetsuden Kashima and published by University of Washington Press. This book was released on 2011-10-17 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 Washington State Book Award Finalist Judgment without Trial reveals that long before the 1941 attack on Pearl Harbor, the U.S. government began making plans for the eventual internment and later incarceration of the Japanese American population. Tetsuden Kashima uses newly obtained records to trace this process back to the 1920s, when a nascent imprisonment organization was developed to prepare for a possible war with Japan, and follows it in detail through the war years. Along with coverage of the well-known incarceration camps, the author discusses the less familiar and very different experiences of people of Japanese descent in the Justice and War Departments� internment camps that held internees from the continental U.S. and from Alaska, Hawaii, and Latin America. Utilizing extracts from diaries, contemporary sources, official communications, and interviews, Kashima brings an array of personalities to life on the pages of his book � those whose unbiased assessments of America�s Japanese ancestry population were discounted or ignored, those whose works and actions were based on misinformed fears and racial animosities, those who tried to remedy the inequities of the system, and, by no means least, the prisoners themselves. Kashima�s interest in this episode began with his own unanswered questions about his father�s wartime experiences. From this very personal motivation, he has produced a panoramic and detailed picture � without rhetoric and emotionalism and supported at every step by documented fact � of a government that failed to protect a group of people for whom it had forcibly assumed total responsibility.
Download or read book Reptile written by David A. Ball and published by . This book was released on 2009 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Punishment, Participatory Democracy, and the Jury by : Albert W. Dzur
Download or read book Punishment, Participatory Democracy, and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Book Synopsis Randomization in Clinical Trials by : William F. Rosenberger
Download or read book Randomization in Clinical Trials written by William F. Rosenberger and published by John Wiley & Sons. This book was released on 2015-11-23 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the First Edition “All medical statisticians involved in clinical trials should read this book…” - Controlled Clinical Trials Featuring a unique combination of the applied aspects of randomization in clinical trials with a nonparametric approach to inference, Randomization in Clinical Trials: Theory and Practice, Second Edition is the go-to guide for biostatisticians and pharmaceutical industry statisticians. Randomization in Clinical Trials: Theory and Practice, Second Edition features: Discussions on current philosophies, controversies, and new developments in the increasingly important role of randomization techniques in clinical trials A new chapter on covariate-adaptive randomization, including minimization techniques and inference New developments in restricted randomization and an increased focus on computation of randomization tests as opposed to the asymptotic theory of randomization tests Plenty of problem sets, theoretical exercises, and short computer simulations using SAS® to facilitate classroom teaching, simplify the mathematics, and ease readers’ understanding Randomization in Clinical Trials: Theory and Practice, Second Edition is an excellent reference for researchers as well as applied statisticians and biostatisticians. The Second Edition is also an ideal textbook for upper-undergraduate and graduate-level courses in biostatistics and applied statistics. William F. Rosenberger, PhD, is University Professor and Chairman of the Department of Statistics at George Mason University. He is a Fellow of the American Statistical Association and the Institute of Mathematical Statistics, and author of over 80 refereed journal articles, as well as The Theory of Response-Adaptive Randomization in Clinical Trials, also published by Wiley. John M. Lachin, ScD, is Research Professor in the Department of Epidemiology and Biostatistics as well as in the Department of Statistics at The George Washington University. A Fellow of the American Statistical Association and the Society for Clinical Trials, Dr. Lachin is actively involved in coordinating center activities for clinical trials of diabetes. He is the author of Biostatistical Methods: The Assessment of Relative Risks, Second Edition, also published by Wiley.
