Truth, Error, and Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Truth, Error, and Criminal Law write by Larry Laudan. This book was released on 2006-06-05. Truth, Error, and Criminal Law available in PDF, EPUB and Kindle. 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.
A Philosophy of Evidence Law
A Philosophy of Evidence Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Philosophy of Evidence Law write by H. L. Ho. This book was released on 2008-03-06. A Philosophy of Evidence Law available in PDF, EPUB and Kindle. 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.
The Law's Flaws
The Law's Flaws - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law's Flaws write by Larry Laudan. This book was released on 2016-08-22. The Law's Flaws available in PDF, EPUB and Kindle. 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.
Basic Concepts of Criminal Law
Basic Concepts of Criminal Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Basic Concepts of Criminal Law write by George P. Fletcher. This book was released on 1998-09-03. Basic Concepts of Criminal Law available in PDF, EPUB and Kindle. 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.
The Law and Practice of the International Criminal Court
The Law and Practice of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Law and Practice of the International Criminal Court write by Carsten Stahn. This book was released on 2015. The Law and Practice of the International Criminal Court available in PDF, EPUB and Kindle. 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.
