Courts on Trial
Author | : Jerome Frank |
Publisher | : |
Total Pages | : 472 |
Release | : 1949 |
Genre | : Courts |
ISBN | : |
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Author | : Jerome Frank |
Publisher | : |
Total Pages | : 472 |
Release | : 1949 |
Genre | : Courts |
ISBN | : |
Author | : Jerome Frank |
Publisher | : Princeton University Press |
Total Pages | : 464 |
Release | : 1973-09-21 |
Genre | : Law |
ISBN | : 9780691027555 |
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Author | : Malcolm M. Feeley |
Publisher | : Quid Pro Books |
Total Pages | : 224 |
Release | : 2013-07-19 |
Genre | : Law |
ISBN | : 161027203X |
COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
Author | : George C. Thomas |
Publisher | : University of Michigan Press |
Total Pages | : 322 |
Release | : 2010-02-09 |
Genre | : Law |
ISBN | : 0472026089 |
The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Court rules |
ISBN | : 9781663319005 |
Author | : Martin L. Friedland |
Publisher | : University of Toronto Press |
Total Pages | : 174 |
Release | : 1975-12-15 |
Genre | : Social Science |
ISBN | : 1487597282 |
The judicial system occupies an important place in society, yet it has been one of the least studied of Canadian institutions. Traditionally, examination and criticism of the trial process have been left to lawyers and members of the legal profession. In this volume nine non-lawyers scrutinize its operation in Canada from the perspectives of several academic disciplines. Reginald Allen, a philosopher and classicist, discusses the modern trial process in the light of the trial of Socrates; Anatol Rapoport, a mathematician noted for his work in the fields of game theory and conflict resolution, analyses the adversary system from Charles Hanly, a philosopher and psychoanalyst, uses the Truscott case to explore the psychopathological aspects of a trial from a Freudian viewpoint; one political scientist, Peter Russell, examine the courts' role in the development of the law; another, Donald Smiley, studies their role as protector of civil liberties; James Giffen, a sociologist, points out the inadequacy of the criminal justice system as a means of controlling alcohol and drug addiction; Donald Dewees, an economist, examines court regulation of economic behaviour; and Kenneth McNaught, a historian, discusses the political trial in the Canadian legal system.
Author | : Kelly Stephen Searl |
Publisher | : |
Total Pages | : 520 |
Release | : 1922 |
Genre | : Court rules |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 16 |
Release | : 2003 |
Genre | : Instructions to juries |
ISBN | : |
... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
Author | : Michael McConville |
Publisher | : Oxford University Press, USA |
Total Pages | : 232 |
Release | : 1981 |
Genre | : Criminal justice, Administration of |
ISBN | : 9780198253556 |