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Review Of The Law Of Evidence
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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.
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 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 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 Analysis of Evidence by : Terence Anderson
Download or read book Analysis of Evidence written by Terence Anderson and published by Cambridge University Press. This book was released on 2005-07-11 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensively revised second edition covers the basic concepts and principles underlying the logic of proof; the uses and dangers of story-telling; probabilities and proof; the chart method and other methods of analyzing and ordering evidence. They are utilized in fact-investigation, preparing for trial, and in connection with other important decisions in legal processes and criminal investigation and intelligence analysis. Most of the chapters in the new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added.
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.
Book Synopsis Witness Testimony Evidence by : Douglas Walton
Download or read book Witness Testimony Evidence written by Douglas Walton and published by Cambridge University Press. This book was released on 2007-11-19 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.
Book Synopsis The Law of Evidence in Ireland by : Caroline Fennell
Download or read book The Law of Evidence in Ireland written by Caroline Fennell and published by Bloomsbury Professional. This book was released on 2019-10-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.
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 John Henry Wigmore and the Rules of Evidence by : Andrew Porwancher
Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Download or read book Evidence Matters written by Susan Haack and published by Cambridge University Press. This book was released on 2014-07-28 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.
Book Synopsis Philosophical Foundations of Evidence Law by : Christian Dahlman
Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.
Book Synopsis A Treatise on the Law of Evidence by : Simon Greenleaf
Download or read book A Treatise on the Law of Evidence written by Simon Greenleaf and published by . This book was released on 1876 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evidence Law Adrift by : Mirjan R. Damaška
Download or read book Evidence Law Adrift written by Mirjan R. Damaška and published by Berghahn Books. This book was released on 1997 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with civil law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common law tradition.
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 by : Jeffrey Bellin
Download or read book The Law of Evidence written by Jeffrey Bellin and published by . This book was released on 2020-07 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is intended for use in the Evidence course commonly offered in American law schools. Authored by one of the country's leading Evidence scholars, it integrates case excerpts, scholarly commentary, and problems to encourage an interactive approach to both doctrine and theory.
Book Synopsis The Book of Evidence by : John Banville
Download or read book The Book of Evidence written by John Banville and published by Vintage. This book was released on 2012-03-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Banville’s stunning powers of mimicry are brilliantly on display in this engrossing novel, the darkly compelling confession of an improbable murderer. Freddie Montgomery is a highly cultured man, a husband and father living the life of a dissolute exile on a Mediterranean island. When a debt comes due and his wife and child are held as collateral, he returns to Ireland to secure funds. That pursuit leads to murder. And here is his attempt to present evidence, not of his innocence, but of his life, of the events that lead to the murder he committed because he could. Like a hero out of Nabokov or Camus, Montgomery is a chillingly articulate, self-aware, and amoral being, whose humanity is painfully on display.
