Handbook of the Law of Evidence (Classic Reprint)


Book Description

Excerpt from Handbook of the Law of Evidence The principles do not change materially in a decade, but added experience and a different point of view may in some instances result in a more satisfactory statement of them. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.




Laws of Evidence


Book Description

This book offers a general, yet substantive view of evidence law. Its chapters combine content with relevant cases, allowing readers to learn and analyze the legal reasoning and court decision-making process behind the laws. Written in a reader-friendly format, the chapters feature elements that enhance instruction and help readers develop essential skills. Exhibits and illustrations provide a visual connection to the material. Legal Research Using the Internet applications and Internet Icons alert readers to Web references and promote the use of web-based legal resources to strengthen technology skills. The appendix presents additional information on the court system and its procedures, giving an expanded overview of evidence law and its use in the legal process. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.




The Law Lab Book


Book Description

The Law Lab Book: Case Studies for Legal Learning surveys the historical development and modern application of key areas of law in the United States. Through a collection of dynamic role-playing exercises, the book challenges students to apply the law in different scenarios and learn about the varied work of different legal professionals. The book is organized into 17 chapters. Within each chapter, students read about key legal concepts and then work together in a group as prosecutors, legislators, justices, ethics panelists, and others to resolve a Law Lab. For each Law Lab, students review the substance of the law and then consider the central issue of the lab, focusing on the facts and legal rules that apply to it. The group is challenged to work together to complete a legal test or answer questions. In doing so, they are encouraged to share their opinions, talk through legal complexities, and work toward a resolution. The book unites theoretical legal learning with concrete application, while also teaching students about the law and the legal profession. The Law Lab Book is an excellent core textbook for law survey courses or any course with the goal of introducing students to American law.




The Oxford Handbook of Law and Politics


Book Description

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.




Criminal Law, Procedure, and Evidence


Book Description

Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.




Research Handbook on Law and Emotion


Book Description

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.




The Psychological Foundations of Evidence Law


Book Description

Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.




The Proof


Book Description

Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.




Failed Evidence


Book Description

With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.




The Oxford Handbook of Language and Law


Book Description

This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.