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Truth Error And Criminal Law
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Book Synopsis Truth, Error, and Criminal Law by : Larry Laudan
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.
Book Synopsis A Philosophy of Evidence Law by : H. L. Ho
Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press, USA. 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 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.
Book Synopsis Basic Concepts of Criminal Law by : George P. Fletcher
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.
Book Synopsis Truth and Evidence by : Melissa Schwartzberg
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"--
Book Synopsis Criminal Justice and the Pursuit of Truth by : Tim Hillier
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.
Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn
Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2015 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
Book Synopsis Prison Truth by : William J. Drummond
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.
Book Synopsis Philosophical Foundations of International Criminal Law by : Morten Bergsmo
Download or read book Philosophical Foundations of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-02-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Presumption of Innocence in International Human Rights and Criminal Law by : Michelle Coleman
Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Book Synopsis Evidence, Respect and Truth by : Liat Levanon
Download or read book Evidence, Respect and Truth written by Liat Levanon and published by Bloomsbury Publishing. This book was released on 2022-11-03 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It considers the legal trial as its paradigmatic case study before analysing a wide range of different cases, including profiling, the use of algorithms to predict students' grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising. They must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have done our best on evidence that allows success, our judgements are justified; and as such, they can resolve conflicts over the truth and over justice.
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.
Book Synopsis When Truth Is All You Have by : Jim McCloskey
Download or read book When Truth Is All You Have written by Jim McCloskey and published by Anchor. This book was released on 2020-07-14 with total page 320 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.
Book Synopsis Taming the Presumption of Innocence by : Richard L. Lippke
Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016-02-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
Book Synopsis Philosophical Foundations of Criminal Law by : R. A. Duff
Download or read book Philosophical Foundations of Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Book Synopsis Modern Criminal Law by : A P Simester
Download or read book Modern Criminal Law written by A P Simester and published by Bloomsbury Publishing. This book was released on 2024-04-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.
Book Synopsis Expert Evidence and International Criminal Justice by : Artur Appazov
Download or read book Expert Evidence and International Criminal Justice written by Artur Appazov and published by Springer. This book was released on 2016-01-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
