Truth, Error, and Criminal Law
Truth, Error, and Criminal Law

Author: Larry Laudan

Publisher: Cambridge University Press

Published: 2006-06-05

Total Pages: 235

ISBN-13: 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.

Criminal Justice and the Pursuit of Truth
Criminal Justice and the Pursuit of Truth

Author: Hillier, Tim

Publisher: Policy Press

Published: 2021-06-16

Total Pages: 242

ISBN-13: 1529203198

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Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth – its complexities and nuances – and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.

Finding the Truth with Criminal Investigation
Finding the Truth with Criminal Investigation

Author: Daniel A. Reilly

Publisher: Rowman & Littlefield

Published: 2019-08-15

Total Pages: 423

ISBN-13: 1538113864

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The way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.

Comic Book Crime
Comic Book Crime

Author: Nickie D. Phillips

Publisher: NYU Press

Published: 2013-07-15

Total Pages: 298

ISBN-13: 0814764525

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Superman, Batman, Daredevil, and Wonder Woman are iconic cultural figures that embody values of order, fairness, justice, and retribution. Comic Book Crime digs deep into these and other celebrated characters, providing a comprehensive understanding of crime and justice in contemporary American comic books. This is a world where justice is delivered, where heroes save ordinary citizens from certain doom, where evil is easily identified and thwarted by powers far greater than mere mortals could possess. Nickie Phillips and Staci Strobl explore these representations and show that comic books, as a historically important American cultural medium, participate in both reflecting and shaping an American ideological identity that is often focused on ideas of the apocalypse, utopia, retribution, and nationalism. Through an analysis of approximately 200 comic books sold from 2002 to 2010, as well as several years of immersion in comic book fan culture, Phillips and Strobl reveal the kinds of themes and plots popular comics feature in a post-9/11 context. They discuss heroes’ calculations of “deathworthiness,” or who should be killed in meting out justice, and how these judgments have as much to do with the hero’s character as they do with the actions of the villains. This fascinating volume also analyzes how class, race, ethnicity, gender, and sexual orientation are used to construct difference for both the heroes and the villains in ways that are both conservative and progressive. Engaging, sharp, and insightful, Comic Book Crime is a fresh take on the very meaning of truth, justice, and the American way.

The Right to The Truth in International Law
The Right to The Truth in International Law

Author: Melanie Klinkner

Publisher: Routledge

Published: 2019-07-26

Total Pages: 287

ISBN-13: 1317335082

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The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Truth about Crime
The Truth about Crime

Author: Jean Comaroff

Publisher: University of Chicago Press

Published: 2016-12-05

Total Pages: 368

ISBN-13: 022642491X

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This new book by the well-known anthropologists Jean and John L. Comaroff explores the global preoccupation with criminality in the early twenty-first century, a preoccupation strikingly disproportionate, in most places and for most people, to the risks posed by lawlessness to the conduct of everyday life. Ours in an epoch in which law-making, law-breaking, and law-enforcement are ever more critical registers in which societies construct, contest, and confront truths about themselves, an epoch in which criminology, broadly defined, has displaced sociology as the privileged means by which the social world knows itself. They also argue that as the result of a tectonic shift in the triangulation of capital, the state, and governance, the meanings attached to crime and, with it, the nature of policing, have undergone significant change; also, that there has been a palpable muddying of the lines between legality and illegality, between corruption and conventional business; even between crime-and-policing, which exist, nowadays, in ever greater, hyphenated complicity. Thinking through Crime and Policing is, therefore, an excursion into the contemporary Order of Things; or, rather, into the metaphysic of disorder that saturates the late modern world, indeed, has become its leitmotif. It is also a meditation on sovereignty and citizenship, on civility, class, and race, on the law and its transgression, on the political economy of representation.

Criminal
Criminal

Author: Tom Gash

Publisher: Penguin UK

Published: 2016-05-05

Total Pages: 393

ISBN-13: 0241960444

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The way we see and understand crime falls into two types of story that, in essence, have been told and retold many times throughout human history - in fiction, as in fact. Criminality is either a selfish choice, an aberration; or a forced choice, the product of social factors. These two stories continue to dominate both our views of and responses to crime. And, says Tom Gash, they are completely wrong. In seeking to dispel the myths that surround and inform our views of crime, Criminal argues that our obsession with 'big arguments' about crime's causes can lead us to mistake individual cases as proof of universal rules. How, he asks, can we suspend our knee-jerk reactions, and begin to understand crime for what it is: as a risk that can be managed and reduced.

Law and Lies
Law and Lies

Author: Austin Sarat

Publisher: Cambridge University Press

Published: 2015-07-20

Total Pages: 345

ISBN-13: 1107108780

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This is the first book to thematically investigate lying in the American legal system.

The Oxford Handbook of International Criminal Law
The Oxford Handbook of International Criminal Law

Author: Darryl Robinson

Publisher: Oxford University Press

Published: 2020-02-24

Total Pages: 896

ISBN-13: 0192558897

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In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

A Philosophy of Evidence Law
A Philosophy of Evidence Law

Author: H. L. Ho

Publisher: Oxford University Press, USA

Published: 2008-03-06

Total Pages: 362

ISBN-13: 0199228302

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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.