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Evidence In Law
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Book Synopsis The Law of Evidence by : I. H. Dennis
Download or read book The Law of Evidence written by I. H. Dennis and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the law of evidence, this book includes essential doctrinal analysis. It takes an account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects. It reviews changes to the law, brought about by the Criminal Justice Act 2003.
Book Synopsis The Psychological Foundations of Evidence Law by : Michael J. Saks
Download or read book The Psychological Foundations of Evidence Law written by Michael J. Saks and published by NYU Press. This book was released on 2016-01-22 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.
Download or read book The Proof written by Frederick Schauer and published by Harvard University Press. This book was released on 2022-05-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.
Book Synopsis Evidence of the Law by : Gary Lawson
Download or read book Evidence of the Law written by Gary Lawson and published by University of Chicago Press. This book was released on 2017-02-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
Book Synopsis Foundations of Evidence Law by : Alex Stein
Download or read book Foundations of Evidence Law written by Alex Stein and published by Oxford University Press on Demand. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.
Book Synopsis McCormick on Evidence by : Charles Tilford McCormick
Download or read book McCormick on Evidence written by Charles Tilford McCormick and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Law, Procedure, and Evidence by : Walter P. Signorelli
Download or read book Criminal Law, Procedure, and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Book Synopsis An Anatomy of Louisiana Evidence Law by : Shenequa L. Grey
Download or read book An Anatomy of Louisiana Evidence Law written by Shenequa L. Grey and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Anatomy of Louisiana Evidence Law is the first of its kind in Louisiana, representing a new trend in law school casebooks across the country. Much more than just a compilation of cases and notes, this book is a complete coursebook. It presents a detailed, thorough, and comprehensive examination of the law of evidence through the use of concise commentary and a number of pedagogical elements designed to both reinforce legal principles and to help bridge the ever-widening gap between law school theory and practice. This exceptionally organized casebook covers the entire Louisiana Code of Evidence with a treatise-like explanation of the legal principles, written in a reader friendly style. The casebook includes both Louisiana cases and select U.S. Supreme Court cases directly affecting Louisiana law with discussion questions to assist students in understanding the cases and concepts in each section. Reinforced by a summary of key points, students are presented with a straightforward presentation of the law, designed to better equip them to more fully engage in classroom lectures and discussion. This style of presentation of the law is coupled with numerous opportunities for application with over 400 original problems and practical application exercises. Throughout the book are comparisons of major distinctions between the Louisiana Code of Evidence and the Federal Rules of Evidence and a discussion of public policy concerns underlying the evidentiary principles to serve as a guide to understanding how the law should be applied and to better understand many of the distinctions in the state and federal laws.
Download or read book Evidence Law written by Roger Park and published by West Academic Publishing. This book was released on 2004 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written from an advocate's perspective, this guide introduces how the courtroom operates and offers a glimpse into the environment that influences these rulings. Major cases and doctrines are discussed. Examples are given to develop a feel for the context in which a particular evidence problem might arise-and for the language lawyers and judges use to resolve it. Also explores the rationale and purpose behind each rule.
Book Synopsis Digital Evidence in Criminal Law by : Daniel M. Scanlan
Download or read book Digital Evidence in Criminal Law written by Daniel M. Scanlan and published by . This book was released on 2011 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title addresses the legal issues relating to digital evidence collected during the course of a criminal investigation and its subsequent use at trial. It surveys key technologies (cookies, web-cases, recovery methods) and explains them in a simple, easy to understand fashion.
Book Synopsis Failed Evidence by : David A. Harris
Download or read book Failed Evidence written by David A. Harris and published by NYU Press. This book was released on 2012-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.
Book Synopsis Evidence in Criminal Trials by : Liz Heffernan
Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2021-02-10 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Book Synopsis Understanding Evidence by : Paul C. Giannelli
Download or read book Understanding Evidence written by Paul C. Giannelli and published by . This book was released on 2003 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Trial Objections written by and published by . This book was released on 2009 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evidence Law and Practice by : Steven I. Friedland
Download or read book Evidence Law and Practice written by Steven I. Friedland and published by . This book was released on 2000 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Evidence in the District of Columbia by : Steffen W. Graae
Download or read book The Law of Evidence in the District of Columbia written by Steffen W. Graae and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Canadian Criminal Code Offences by : Canada
Download or read book Canadian Criminal Code Offences written by Canada and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
