The Origins of Reasonable Doubt


Book Description

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.




Beyond a Reasonable Doubt


Book Description

Selection of Larry King's interviews with leading lawyers, judges, jurors, and others on the issue of reasonable doubt in America's legal system.




Beyond Reasonable Doubt?


Book Description

On 17th June, 1970, in a small farming district, south of Auckland, New Zealand, Harvey and Jeanette Crewe were shot and killed in the lounge of their home. Five months later, a neighbour, Arthur Allan Thomas, was arrested, charged and found guilty of their murder. He was sentenced to life imprisonment. A retrial in 1972 ended with another guilty verdict. David Yallop, author of To Encourage the Others and The Day the Laughter Stopped, two already celebrated books which dealt with miscarriages of justice, spent over a year in New Zealand investigating the case and became convinced of Thomas' innocence. in an open letter to New Zealand's Prime Minister, he demanded Thomas' release on the grounds that he 'has not been found guilty beyond reasonable doubt. He has in fact been found innocent beyond reasonable doubt.' In 1978, as a direct result of Yallop's intercession and the publication of this book, Thomas was granted a royal pardon and, in 1980, awarded nearly 1 million dollars in compensation for the nine years he had served behind bards. Beyond Reasonable Doubt? is both a riveting work of high drama and a compelling insight into the machinery of criminal justice. A Number One bestseller in hgardcover and the subject of a widely-acclaimed film, it is a lasting testimony to David Yallop's reputation as the world's greatest investigative author.




Beyond All Reasonable Doubt


Book Description

Best Thriller and Mystery of the Year – Washington Post Best Thriller and Mystery of the Year – San Francisco Gate From the award-winning author of Quicksand, a gripping legal thriller that follows one woman’s conflicted efforts to overturn what may be a wrongful conviction. I'm giving you a chance to achieve every lawyer’s dream, said Sophia Weber’s old professor. Freeing an innocent man. Thirteen years ago, a fifteen-year-old girl was murdered. Doctor Stig Ahlin was sentenced to life in prison. But no one has forgotten the brutal crime. Ahlin is known as one of the most ruthless criminals. When Sophia Weber discovers critical flaws in the murder investigation, she decides to help Ahlin. But Sophia doing her utmost to get her client exonerated arouses many people's disgust. And the more she learns, the more difficult her job becomes. What kind of man is her client really? What has he done? And will she ever know the truth?




United States Attorneys' Manual


Book Description




Reasonable Doubts


Book Description

One of America's leading appeal lawyers, Alan Dershowitz was the man chosen to prepare the appeal should O.J. Simpson have been convicted. Now Professor Dershowitz uses this case to examine the larger issues and to identify the social forces - media, money, gender, and race - that shape the criminal-justice system in America today. How could one of the longest trials in the history of America's judicial system produce a verdict after only hours of jury deliberation? Was this really a case of circumstantial evidence?




Handbook for trial jurors serving in the United States District Courts


Book Description

... 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 ...




Guilty Acts, Guilty Minds


Book Description

When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.




Pattern Criminal Jury Instructions


Book Description




The Rule of Law in Japan


Book Description

for five years now practitioners who deal with Japanese law have relied on the first edition of this major work, which systematically compares US law and Japanese law across all the major fields of legal practice.. In the last few years, however, Japan’s legal system has changed dramatically. The Recommendations of the Judicial Reform Council have spurred both legislation and Supreme Court decisions in such diverse areas as family law, labour law, discrimination, The right to vote, hostile company mergers, documentary evidence in litigation, judicial review, freedom of religion, and much else. This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today. Author Carl Goodman—an internationally known authority with extensive experience in international practice, university teaching in both Japan And The US, and US government service —takes expert stock of these new developments, including the following: • liberalization of corporation law--outside directors, use of stock options, hostile mergers, poison pill legislation and guidelines; • the new system of lay/professional judges; • the liberalization of the rules under which parties to litigation may be required to produce documents previously off limits; • certain categories of “indirect discrimination” And The limitations on conduct that can be so defined; • the complete revamping of the education system for lawyers; • the new Labour Court designed to settle employer/employee disputes more quickly and effectively; • the increased extent of a news reporter’s privilege not to disclose sources; • legislation designed to protect spouses from spousal abuse; • new criminal law on police interrogation techniques; • growth in judicial review including Constitutional and Administrative cases; and • family law—surrogacy, adoption, international custody and differences in the definition of “spouse” for various purposes. Although the alteration of the legal landscape in Japan is highly visible, The author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get.” for this reason, and for its comprehensive coverage, this second edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.