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Evidence and the Archive: Ethics, Aesthetics and Emotion
by Katherine Biber Trish LukerThis collection explores the stakes, risks and opportunities invoked in opening and exploring law’s archive and re-examining law’s evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law’s work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law’s evidence. Within socio-legal discourse, the move towards ‘open justice’ has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.
Evidence-based Investigative Interviewing: Applying Cognitive Principles
by Jason J. Dickinson Nadja Schreiber Compo Rolando Carol Bennett L. Schwartz Michelle McCauleyFor as long as we have been researching human memory, psychologists have been investigating how people remember and forget. This research is regularly drawn upon in our legal systems. Historically, we have relied upon eyewitness memory to help judge responsibility and adjudicate truth, but memory is malleable, prone to error, and susceptible to bias. Even confident eyewitnesses make mistakes, and even accurate witnesses sometimes find their testimony subjected to harsh scrutiny. Emerging from this environment, the Cognitive Interview (CI) became a means of assisting cooperative witnesses with recalling more information without sacrificing accuracy. First used by police interviewing adult witnesses, it is now used with many populations in many contexts, including public health, accident reconstruction, and the interrogation of terror suspects. Evidence-Based Investigative Interviewing reviews the application of cognitive research to investigative interviewing, revealing how principles of cognition, memory, and social dynamics may increase the accuracy of eyewitness testimony. It provides evidence-based applications for investigators beyond the forensic domain in areas such as eyewitness identification, detecting deception, and interviewing children. Drawing together the work of thirty-three authors across both the academic and practice communities, this comprehensive collection is essential reading for researchers in psychology, forensics, and disciplines such as epidemiology and gerontology.
Evidence-Based Medical Ethics:
by Rosemarie Tong John E. Snyder Candace C. GauthierIn the modern practice of medicine, new challenges complicate the ethical care of patients. Today's times require a contemporary take on the concept of medical ethics. The idea for this textbook was born out of a need for a teaching resource that merges medical ethics theory with the practical needs of modern clinical medicine. In Evidence-Based Medical Ethics: Cases for Practice-Based Learning, the authors address what has been missing in existing text books and ethics courses to date - clear-cut ethical and legal guidelines that provide a method for the reader to learn how to systematically manage dilemmas seen in the everyday practice of medicine. The reader is guided through several "typical" patient scenarios and prompted by various questions that should be entertained by the treating health care provider. Then, relevant evidence-based medicine, legal precedent, and the ethical theory that applies to the situation are revealed. Often, finding the "best" ethical solution for each problem is automatic, as the solution often becomes self-evident during information-gathering. This general method is reinforced throughout the text with multiple different cases, using a practice-based approach by building on the reader's developing skills. Additionally, we have sought to emphasize a culturally competent manner in resolving these dilemmas, respectfully addressing issues of age, gender, and culture whenever possible. The main goal of Evidence-Based Medical Ethics: Cases for Practice-Bases Learning is to assist the reader in adapting a patient-centered and evidence-based approach to dilemmas faced in their future practice of medicine.
Evidence-Based Offender Profiling (Criminology in Focus)
by Bryanna Fox David P. Farrington Andreas Kapardis Olivia C. HamblyOffender profiling is an investigative tool used to narrow down the range of potential suspects for a crime by predicting the personality, behavioral, and demographic characteristics that an offender is likely to possess, based upon information collected at the crime scene. While offender profiling has been popularized by TV shows and movies such as Criminal Minds, Silence of the Lambs, and Mindhunter, the real-world impact of offender profiling is largely unknown. This book discusses the history of offender profiling, summarizes research on offender profiling methods, and reviews offender profiling evaluations of accuracy and applied impact. This book also describes a promising new offender profiling methodology called evidence-based offender profiling. This new method relies upon empirical data and scientific methods to develop, evaluate, and replicate offender profiles, thereby increasing offender profiling’s accuracy and utility for active police investigations. It uses prior information about statistical regularities between types of offenders and types of offenses to predict the characteristics of offenders in unsolved cases. A discussion of the future of offender profiling research and implications for law enforcement is also included. This book also explains how practitioners can benefit from the use of empirically tested and validated profiles in their unsolved investigations and how the use, continued research, and evaluation of evidence-based offender profiling can advance the quality, prestige, and utility of the field of offender profiling.
Evidence-Based Practice in Juvenile Justice
by Peter GreenwoodOver the past 15 years, evidence-based practice in juvenile justice has moved from a concept to a full blown practice in a number of states. They have used research based principles and programs to: - completely reorganize their system for treating juveniles -reduce crime and recidivism -and saved money in the process. Evidence-Based Practice in Juvenile Justice describes the major players in this transformative process, the particular role they play in moving research to practice, and provides recommendations for applying this research in other locations. It will be of key interest to researchers in Criminology and Criminal Justice with a focus on Juvenile Justice or Juvenile Delinquency, or related fields such as Public Policy and Social Work, as well as policy-makers, and practitioners working in the juvenile justice system.
Evidence for Paralegals (Aspen College Series)
by Joelyn D. MarloweCovers topics, including gathering evidence, interviewing witnesses, and researching. Written from a real-life perspective, showing how actual practice works in local, state, and federal court. Pedagogy in text developed for paralegal students, and includes short case summaries, readable examples, marginal definitions of terms, marginal cross-references to the Rules of Evidence, review questions, and hypotheticals. Short, concise presentation is ideal for paralegal courses. Updated with changes to the Federal Rules of Evidence and with new cases.
Evidence in Context
by Jonathan Doak Claire McGourlay Mark ThomasEvidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the?continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.
Evidence In New York State And Federal Courts (New York Practice Series #Second Edition, Volume 5)
by Robert A. Barker Vincent C. AlexanderEVIDENCE IN NEW YORK STATE AND FEDERAL COURTS SECOND EDITION Volume 5
Evidence In New York State And Federal Courts 2d (New York Practice Series #Volume 5A)
by Robert A. Barker Vincent C. AlexanderThis comprehensive publication on the law of evidence in New York includes a summary of corresponding law under the Federal Rules of Evidence (FRE). The authors synthesize and explain the complex mix of cases and statutes, while examining the purpose and requirements of the rules, together with discussion of leading cases. The title also includes New York's evidence statutes and the relevant FRE in their restyled format. Chapters cover general principles, judicial notice, burden of proof and presumptions, relevancy, privileges, witnesses, opinions and expert testimony, hearsay, authentication and identification, best evidence, and real and demonstrative evidence.
Evidence Law: A Student's Guide to the Law of Evidence as Applied in American Trials (Hornbooks)
by Roger Park David Leonard Aviva Orenstein Steven Goldberg Dale NanceIn clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.
Evidence: Law and Context
by Claire Mcgourlay Mark Thomas Suzanne GowerEvidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses, covering both criminal evidence and civil evidence. Taking a contextual approach, the authors show how wider policy debates and societal trends have impacted upon the recent evolution of the law, helping to explain how and why the law has developed.The sixth edition has been revised to include: the impacts of the COVID-19 pandemic, the introduction of the Solicitors Qualifying Examination (SQE), and updates on previous statistics on the increase in the use of ‘show pleas,’ false confessions, and miscarriages of justice, alongside a comparative perspective on how the American criminal practice has evolved along a parallel line. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment.Well written, clear, and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.
Evidence Lawcards 2012-2013 (Lawcards)
by RoutledgeRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
Evidence Matters
by Susan HaackIs truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.
Evidence of Mercy (Sun Coast Chronicles #1)
by Terri BlackstockTake a fast-paced flight into suspense, romance, and forgiveness! When Lynda Barrett's plane malfunctions, the crash landing injures its prospective buyer, Jake. An investigation reveals that someone tampered with her plane---and it soon becomes clear that whoever it was has further murderous designs on Lynda.
Evidence of the Law: Proving Legal Claims
by Gary LawsonHow does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law. 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. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Evidence Statutes 2012-2013 (Routledge Student Statutes)
by Claire McGourlay‘Focused content, layout and price - Routledge competes and wins in relation to all of these factors’ - Craig Lind, University of Sussex, UK ‘The best value and best format books on the market.’ - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: • Exam Friendly: un-annotated and conforming to exam regulations • Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation • Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research • Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price • Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.
Evidence Under The Rules: Text, Cases, And Problems (Aspen Casebook Ser.)
by Christopher B. Mueller Laird C. Kirkpatrick Liesa RichterEvidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting.
Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions
by Jordi Ferrer Beltrán Carmen VázquezThis book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.
Evil and Moral Psychology: Evil And Moral Psychology (Routledge Studies in Ethics and Moral Theory)
by Peter Brian BarryThis book examines what makes someone an evil person and how evil people are different from merely bad people. Rather than focusing on the "problem of evil" that occupies philosophers of religion, Barry looks instead to moral psychology—the intersection of ethics and psychology. He provides both a philosophical account of what evil people are like and considers the implications of that account for social, legal, and criminal institutions. He also engages in traditional philosophical reasoning strongly informed by psychological research, especially abnormal and social psychology. In response to the popularity of phrases like "the axis of evil" and the ease with which politicians and others describe their opponents as "evil," Barry sets out to make clear just what it is to be an evil person.
Evil Angels: The Case of Lindy Chamberlain
by John BrysonThe basis for the Meryl Streep film A Cry in the Dark: The dramatic true story of a mother&’s worst nightmare and the murder trial that shocked Australia. On a camping trip at Ayer&’s Rock, the Chamberlain family&’s infant daughter disappeared in the middle of the night. Her distraught mother, Lindy, claimed she saw a dingo carry her off into the Australian outback. Two years later, their tragedy worsened when, without a murder weapon, a body, or even a motive, a jury convicted Lindy Chamberlain of killing her own daughter. The public cheered. John Bryson, a trial lawyer and award-winning journalist, deconstructs the factors that led to a seemingly reasonless incarceration and the public attitude that demanded it. With this book, he began to sway popular opinion in the Chamberlains&’ favor by discussing the failures on the part of the police, forensics team, and press. Winner of the CWA Gold Dagger and the inspiration for the film A Cry in the Dark starring Meryl Streep, Evil Angels presents an impartial analysis of the most notorious miscarriage of justice in Australian history. It serves as a reminder of the dangers of blindly searching for a conviction, the importance of scientific accuracy, the volatility of the media, and the ease with which a nation can fall prey to bigoted thinking. Written with literary finesse, this is one of the twentieth century&’s most important—and thoughtful—works of true crime.
Evil as a Crime Against Humanity: Confronting Mass Atrocities in a Plural World (International Political Theory)
by Christof RoyerThis book seeks to reimagine why and how to confront mass atrocities in world politics. Drawing on Hannah Arendt’s conception of evil, it interprets and understands mass atrocities as ‘evil’ in an ‘Arendtian’ sense, that is, as crimes against human plurality and, thus, crimes against humanity itself. This understanding of mass atrocities paves the way for reframing responses to mass atrocities as attempts to confront evil. In doing so, the book focuses on military intervention under the banner of the Responsibility to Protect (R2P) and judicial intervention by the International Criminal Court (ICC) and reframes them as tools to protect human plurality from evil. Furthermore, the book looks at the place and the role of R2P and the ICC in the changing landscape of world order. It argues that the protection of humanity from evil can serve as a legitimate Grundnorm (basic norm) around which a global constitutional order in an inherently pluralistic world can be constructed.
Evil, Fallenness, and Finitude
by Bruce Ellis Benson B. Keith PuttThis collection addresses the perennial philosophical and theological issues of human finitude and the potentiality for evil. The contributors approach these issues from perspectives in Continental philosophy relating to phenomenology, philosophical hermeneutics, rabbinical traditions, drawing upon the work of Immanuel Kant, S#65533;ren Kierkegaard, and Paul Ricoeur. While centering on the traditional theme of theodicy, this volume is also oriented to the phenomenology of religion, with contributions across religions and intellectual traditions.
Evil in Modern Thought
by Susan NeimanEvil threatens human reason, for it challenges our hope that the world makes sense. For eighteenth-century Europeans, the Lisbon earthquake was manifest evil. Today we view evil as a matter of human cruelty, and Auschwitz as its extreme incarnation. Examining our understanding of evil from the Inquisition to contemporary terrorism, Susan Neiman explores who we have become in the three centuries that separate us from the early Enlightenment. In the process, she rewrites the history of modern thought and points philosophy back to the questions that originally animated it. Whether expressed in theological or secular terms, evil poses a problem about the world's intelligibility. It confronts philosophy with fundamental questions: Can there be meaning in a world where innocents suffer? Can belief in divine power or human progress survive a cataloging of evil? Is evil profound or banal? Neiman argues that these questions impelled modern philosophy. Traditional philosophers from Leibniz to Hegel sought to defend the Creator of a world containing evil. Inevitably, their efforts--combined with those of more literary figures like Pope, Voltaire, and the Marquis de Sade--eroded belief in God's benevolence, power, and relevance, until Nietzsche claimed He had been murdered. They also yielded the distinction between natural and moral evil that we now take for granted. Neiman turns to consider philosophy's response to the Holocaust as a final moral evil, concluding that two basic stances run through modern thought. One, from Rousseau to Arendt, insists that morality demands we make evil intelligible. The other, from Voltaire to Adorno, insists that morality demands that we don't. Beautifully written and thoroughly engaging, this book tells the history of modern philosophy as an attempt to come to terms with evil. It reintroduces philosophy to anyone interested in questions of life and death, good and evil, suffering and sense. Featuring a substantial new afterword by Neiman that raises provocative questions about Hannah Arendt's take on Adolf Eichmann and the rationale behind the Hiroshima bombing, this Princeton Classics edition introduces a new generation of readers to this eloquent and thought-provoking meditation on good and evil, life and death, and suffering and sense.
Evil in the Modern World: International and Interdisciplinary Perspectives
by Laura Dryjanska Giorgio PacificiThis interesting volume focuses on a set of phenomena which increasingly alarm the political world and public opinion: from the more obvious ones like torture, disease, human trafficking, abuse, genocide, displacement, to more subtle forms found in sports, technology and law. It looks at how and why these phenomena are universally condemned, and could be considered to threaten the very foundations of modern democracy; yet continue to be tolerated. The volume therefore goes beyond what Hannah Arendt has called the "banality of evil" and discusses the presence of condemned and heinous practices in society as fluid and chaotic but as non-trivial; capable of great transmutations through various epochs. Practices and actions considered as "evil" manifest in situations where individuals or groups hold power or seize power, and the contributions in this volume explore the close relation between power and evil. The volume draws upon sociology, psychology, cultural studies, political science, as well as philosophy, theology, anthropology, and neurology of the individual and of the group to provide a comprehensive understanding of the multiple facets of evil in the contemporary world.
Evil Matters: A Philosophical Inquiry (Routledge Studies in Ethics and Moral Theory)
by Zachary J. GoldbergThis book is an inquiry into particular matters concerning the nature, normativity, and aftermath of evil action. It combines philosophical conceptual analysis with empirical studies in psychology and discussions of historical events to provide an innovative analysis of evil action. The book considers unresolved questions belonging to metaethical, normative, and practical characteristics of evil action. It begins by asking whether Kant’s historical account of evil is still relevant for contemporary thinkers. Then it addresses features of evil action that distinguish it from mundane wrongdoing, thereby placing it as a proper category of philosophical inquiry. Next, the author inquires into how evil acts affect moral relationships and challenge Strawsonian accounts of moral responsibility. He then draws conceptual and empirical connections between evil acts such as genocide, torture, and slavery and collective agency, and asks why evil acts are often collective acts. Finally, the author questions both the possibility and propriety of forgiveness and vengeance in the aftermath of evil and discusses how individuals ought to cope with the pervasiveness of evil in human interaction. Evil Matters: A Philosophical Inquiry will be of interest to advanced students and researchers in philosophy working on the concept of evil, moral responsibility, collective agency, vengeance, and forgiveness.