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Evidence The Adversarial Process
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Book Synopsis Adversarial versus Inquisitorial Justice by : Peter J. van Koppen
Download or read book Adversarial versus Inquisitorial Justice written by Peter J. van Koppen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Book Synopsis Evidence and the Adversarial Process by : Jenny McEwan
Download or read book Evidence and the Adversarial Process written by Jenny McEwan and published by Wiley-Blackwell. This book was released on 1992-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evidence & the Adversarial Process by : Jenny McEwan
Download or read book Evidence & the Adversarial Process written by Jenny McEwan and published by Hart Publishing. This book was released on 1998-09-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.
Book Synopsis Adversarial Legalism by : Robert A. KAGAN
Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Book Synopsis Evidence and the Adversarial Process by : Jenny Mcewan
Download or read book Evidence and the Adversarial Process written by Jenny Mcewan and published by Wiley-Blackwell. This book was released on 1992-08-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence and the Adversarial Process d, an important new text, reflects the latest views and research on evidence and the adversarial process, and identifies new directions and procedures which are bringing the English trial closer to the continental model. The book both reviews the modern law and challenges traditional assumptions; the theory of the trial is measured against the reality.
Book Synopsis Fighting for Justice by : John Hostettler
Download or read book Fighting for Justice written by John Hostettler and published by Waterside Press. This book was released on 2006 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adversary trial emerged in England only in the 18th century. This book focuses on the birth and meaning of adversary trial and also on the historic central role of the lawyer and advocate Sir William Garrow.
Book Synopsis The Adversarial Process and the Vulnerable Witness by : Louise Ellison
Download or read book The Adversarial Process and the Vulnerable Witness written by Louise Ellison and published by Oxford University Press on Demand. This book was released on 2001 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process.At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures andmethods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principleof orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnessesit signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments atnational, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.
Book Synopsis The Adversary System by : Stephan Landsman
Download or read book The Adversary System written by Stephan Landsman and published by American Enterprise Institute Press. This book was released on 1984 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins of Adversary Criminal Trial by : John H. Langbein
Download or read book The Origins of Adversary Criminal Trial written by John H. Langbein and published by Oxford University Press, USA. This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Book Synopsis Evidence in Context by : Jonathan Doak
Download or read book Evidence in Context written by Jonathan Doak and published by Routledge. This book was released on 2012-05-16 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader social and theoretical contexts. It informs students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This third edition has been expanded to cover the field of civil evidence alongside its traditional criminal focus. It has also been thoroughly revised and updated to take into account recent developments in the law and the considerable amount of case law that has emerged since publication of the previous edition. This edition includes a new chapter structure, with new chapters on the adversarial trial and suspect evidence. Updated features include self test questions and advice on further reading at the end of each chapter key learning points which summarise the chapter as well as highlighting the most important issues New and updated chapters on topics such as adversarial trial, witnesses and suspect evidence. Addressing the evolving case law on subjects such as hearsay and bad character which were overhauled in the Criminal Justice Act 2003, this book is an essential purchase for anyone studying evidence law.
Book Synopsis Readings on Adversarial Justice by : Stephan Landsman
Download or read book Readings on Adversarial Justice written by Stephan Landsman and published by West Academic Publishing. This book was released on 1988 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.
Book Synopsis Expert Evidence in the Criminal Justice Process by : Lirieka Meintjes-van der Walt
Download or read book Expert Evidence in the Criminal Justice Process written by Lirieka Meintjes-van der Walt and published by Purdue University Press. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an increasing trend towards greater use of and reliance on expertise to provide the necessary evidence in the fight against crime. Certain forms of expert evidence can be important and powerful tools in crime detection and proof. At the same time expert evidence can be so persuasive that the incorrect use of such evidence could lead to miscarriages of justice. At the interface between criminal justice systems and expert evidence lies the imperative to deal appropriately with expert evidence within a human rights framework. This study shows how three different countries, England and Wales, the Netherlands and South Africa, while upholding different legal traditions, often face similar problems in the realm of expert evidence. These include the often contradictory expectations of law and science respectively, the difficulties associated with the assessment and evaluation of the probative value of expert evidence as well as the problems associated with the integration of expert evidence in the criminal justice process. In the quest for answers to these questions, the author compares the 'hybrid' criminal justice system of South Africa with the 'adversarial' system found in England and Wales and the 'inquisitional' system in the Netherlands. Beginning with an examination of the meaning and nature of expert evidence, the investigation traces the role of expert evidence in pre-trial proceedings; procedural aspects of expert evidence during trial; the ability to challenge expert evidence and culminates with the dilemma of gauging the probative value of the evidence. This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.
Book Synopsis Failed Justice by : Richard D. Sparkman
Download or read book Failed Justice written by Richard D. Sparkman and published by Xlibris Corporation. This book was released on 2011-10-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: True Crime/Law/Current Affairs/Political Science and Government Provocation Sparkman use thought-provoking cases to illustrate the failures of a trial system we revere only because we have been told it is the best in the world — a system we have been too arrogant to question. Charley “I won’t leave any witnesses next time.” Charley stated after being sentenced to ten years for the rape of three women. He subsequently pulled just over two years. Dwayne I asked Dwayne when he would stop committing crimes. He smiled his warm smile and replied. “When I’m dead.” Myth America has the greatest and fairest legal system conceived by the mind of man. Truth America has a trial system that cannot control crime and has legal services that are too complex and too expensive. More Truth We have a large legal profession — criminal defense lawyers — who labor to return drunk drivers to our streets, burglars to our homes, and child molesters to our neighborhoods. Revelation It works! We have the highest crime rate in the world with no apparent remedy other than surrendering our rights and building a police state. Solution Scrap our trial system and build a new one, effecting the most fundamental change in American government since 1789. Read Failed Justice, then send it to our leaders.
Book Synopsis The Tilted Playing Field by : H. Richard Uviller
Download or read book The Tilted Playing Field written by H. Richard Uviller and published by Yale University Press. This book was released on 1998-12-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although evenly matched adversaries make for a more exciting athletic contest, and a level playing field is essential to a fair game, is the same true in a criminal trial? In this compelling new book, H. Richard Uviller argues that a criminal trial is not analogous to a sporting event. Prosecutors and defense attorneys are, in critical respects, different from each other, and the allocation of advantages to each must be uneven in order to be fair.In a lively exploration of the powers of the prosecutor and the prerogatives of the defense, Uviller asks where our criminal justice system is fair though unequal and where its inequalities may subvert fair results. On the one hand, he points out, the prosecutor has unmatched and virtually unreviewable discretion to choose the target of a prosecution, the charge, and to a large extent the timing of an indictment. The prosecution also is first on the scene to develop evidence and is entitled to compel the production of evidence from reluctant custodians. The lawyer for the defendant, on the other hand, enjoys virtually unrestricted license to argue contrary to his or her own sincere belief, as well as broad powers to discover evidence from the prosecutor’s file. Are these unequal advantages necessary? Are they fair? Uviller concludes that although the overall criminal justice system reflects a fair distribution of advantages and disadvantages, in certain areas the imbalance is so severe as to undermine justice. He offers realistic, carefully considered recommendations for reform in these problem areas.
Download or read book In Doubt written by Dan Simon and published by Harvard University Press. This book was released on 2012-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Hearing the Victim by : Anthony Bottoms
Download or read book Hearing the Victim written by Anthony Bottoms and published by Routledge. This book was released on 2010-03-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years far more attention has been paid to victims of crime both in terms of awareness of the effect of crime upon their lives, and in changes that have been made to the criminal justice system to improve their rights and treatment. This process seems set to continue, with legislative plans announced to rebalance the criminal justice system in favour of the victim. This latest book in the Cambridge Criminal Justice Series brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of these developments.
