A Probabilistic Analysis of the Sacco and Vanzetti Evidence


Book Description

A Probabilistic Analysis of the Sacco and Vanzetti Evidence is aBayesian analysis of the trial and post-trial evidence in the Saccoand Vanzetti case, based on subjectively determined probabilitiesand assumed relationships among evidential events. It applies theideas of charting evidence and probabilistic assessment to thiscase, which is perhaps the ranking cause celebre in all of Americanlegal history. Modern computation methods applied to inferencenetworks are used to show how the inferential force of evidence ina complicated case can be graded. The authors employ probabilisticassessment to obtain opinions about how influential each group ofevidential items is in reaching a conclusion about the defendants'innocence or guilt. A Probabilistic Analysis of the Sacco and Vanzetti Evidence holdsparticular interest for statisticians and probabilists in academiaand legal consulting, as well as for the legal community,historians, and behavioral scientists. It combines structural andprobabilistic ideas in the analysis of masses of evidence fromevery recognized logical species of evidence. Twenty-eight chartsshow the chains of reasoning in defense of the relevance ofevidentiary matters and a listing of trial witnesses who providedthe evidence. References include nearly 300 items drawn from thefields of probability theory, history, law, artificialintelligence, psychology, literature, and other areas.




Evidence Matters


Book Description

Is 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.




The Sacco-Vanzetti Affair


Book Description

What began as the obscure local case of two Italian immigrant anarchists accused of robbery and murder flared into an unprecedented political and legal scandal as the perception grew that their conviction was a judicial travesty and their execution a political murder. This book is the first to reveal the full national and international scope of the Sacco-Vanzetti affair, uncovering how and why the two men became the center of a global cause celebre that shook public opinion and transformed America's relationship with the world. Drawing on extensive research on two continents, and written with verve, this book connects the Sacco-Vanzetti affair to the most polarizing political and social concerns of its era. Moshik Temkin contends that the worldwide attention to the case was generated not only by the conviction that innocent men had been condemned for their radical politics and ethnic origins but also as part of a reaction to U.S. global supremacy and isolationism after World War I. The author further argues that the international protest, which helped make Sacco and Vanzetti famous men, ultimately provoked their executions. The book concludes by investigating the affair's enduring repercussions and what they reveal about global political action, terrorism, jingoism, xenophobia, and the politics of our own time.




The Dynamics of Judicial Proof


Book Description

Fact finding in judicial proceedings is a dynamic process. This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of dynamic evidentiary and inferential processes in litigation. The papers gathered here have several epicenters, including (i) the dynamics of judicial proof, (ii) the relationship between artificial intelligence or formal analysis and "common sense," (iii) the logic of factual inference, including (a) the relationship between causality and inference and (b) the relationship between language and factual inference, (iv) the logic of discovery, including the role of abduction and serendipity in the process of investigation and proof of factual matters, and (v) the relationship between decision and inference.







Analysis of Evidence


Book Description

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.




Expert Evidence and Scientific Proof in Criminal Trials


Book Description

Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.




The Fitness of Information


Book Description

Theories and practices to assess critical information in a complex adaptive system Organized for readers to follow along easily, The Fitness of Information: Quantitative Assessments of Critical Evidence provides a structured outline of the key challenges in assessing crucial information in a complex adaptive system. Illustrating a variety of computational and explanatory challenges, the book demonstrates principles and practical implications of exploring and assessing the fitness of information in an extensible framework of adaptive landscapes. The book’s first three chapters introduce fundamental principles and practical examples in connection to the nature of aesthetics, mental models, and the subjectivity of evidence. In particular, the underlying question is how these issues can be addressed quantitatively, not only computationally but also explanatorily. The next chapter illustrates how one can reduce the level of complexity in understanding the structure and dynamics of scientific knowledge through the design and use of the CiteSpace system for visualizing and analyzing emerging trends in scientific literature. The following two chapters explain the concepts of structural variation and the fitness of information in a framework that builds on the idea of fitness landscape originally introduced to study population evolution. The final chapter presents a dual-map overlay technique and demonstrates how it supports a variety of analytic tasks for a new type of portfolio analysis. The Fitness of Information: Quantitative Assessments of Critical Evidence also features: In-depth case studies and examples that characterize far-reaching concepts, illustrate underlying principles, and demonstrate profound challenges and complexities at various levels of analytic reasoning Wide-ranging topics that underline the common theme, from the subjectivity of evidence in criminal trials to detecting early signs of critical transitions and mechanisms behind radical patents An extensible and unifying framework for visual analytics by transforming analytic reasoning tasks to the assessment of critical evidence The Fitness of Information: Quantitative Assessments of Critical Evidence is a suitable reference for researchers, analysts, and practitioners who are interested in analyzing evidence and making decisions with incomplete, uncertain, and even conflicting information. The book is also an excellent textbook for upper-undergraduate and graduate-level courses on visual analytics, information visualization, and business analytics and decision support systems.




Roberts & Zuckerman's Criminal Evidence


Book Description

Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.




Philosophical Foundations of Evidence Law


Book Description

Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.