Of Doubt and Proof

Of Doubt and Proof
Author: Daniela Berti
Publisher: Routledge
Total Pages: 232
Release: 2016-03-03
Genre: Law
ISBN: 1317086163

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All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just. Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.

The Origins of Reasonable Doubt

The Origins of Reasonable Doubt
Author: James Q. Whitman
Publisher: Yale University Press
Total Pages: 286
Release: 2008-01-01
Genre: Law
ISBN: 0300116004

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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

The Illusion of Doubt

The Illusion of Doubt
Author: Genia Schönbaumsfeld
Publisher: Oxford University Press
Total Pages: 178
Release: 2016
Genre: Philosophy
ISBN: 0198783949

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The Illusion of Doubt confronts one of the most important questions in philosophy: what can we know? The radical sceptic's answer is 'not very much' if we cannot prove that we are not subject to (permanent) deception. This book shows that the radical sceptical problem is an illusion created by a mistaken picture of our evidential situation.

Proof Beyond a Reasonable Doubt

Proof Beyond a Reasonable Doubt
Author: Charles Robinson Mandlenkosi Dlamini
Publisher:
Total Pages: 1002
Release: 1998
Genre: Burden of proof
ISBN:

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The Burden of Proof

The Burden of Proof
Author: Scott Turow
Publisher: Farrar, Straus and Giroux
Total Pages: 640
Release: 2009-12-28
Genre: Fiction
ISBN: 1429957751

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In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.

In Doubt

In Doubt
Author: Dan Simon
Publisher: Harvard University Press
Total Pages: 416
Release: 2012-06-30
Genre: Law
ISBN: 0674065115

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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.

Proof

Proof
Author: David Auburn
Publisher: Dramatists Play Service Inc
Total Pages: 84
Release: 2001
Genre: Drama
ISBN: 9780822217824

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THE STORY: On the eve of her twenty-fifth birthday, Catherine, a troubled young woman, has spent years caring for her brilliant but unstable father, a famous mathematician. Now, following his death, she must deal with her own volatile emotions; the

Truth, Error, and Criminal Law

Truth, Error, and Criminal Law
Author: Larry Laudan
Publisher: Cambridge University Press
Total Pages: 235
Release: 2006-06-05
Genre: Philosophy
ISBN: 113945708X

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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.

Pattern Criminal Jury Instructions

Pattern Criminal Jury Instructions
Author: District Judges Association, Sixth Circuit. Committee on Pattern Criminal Jury Instructions
Publisher:
Total Pages: 456
Release: 2008
Genre: Criminal procedure
ISBN:

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