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The Law of Criminal Evidence

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0004
Subject:
Law, Criminal Law and Criminology, Legal History

In addition to admitting defense counsel, English judges undertook a further effort to safeguard against the mounting dangers of 18th-century prosecutorial practice, by creating the law of criminal ... More


Groundwork for a Jurisprudence of Criminal Procedure

Paul Roberts

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0017
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. ... More


Evidence Law: What is it For?

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0004
Subject:
Law, Philosophy of Law

This chapter examines the conventional evidence doctrine and criticizes it for insufficiently regulating adjudicative fact-finding. It levels a general opposition to free evaluation of evidence. It ... More


Groundwork

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0001
Subject:
Law, Philosophy of Law

This chapter identifies the domain of evidence law discussed throughout the book. It draws a fundamental distinction between the fact-finding objective of the law and objectives extraneous to ... More


Understanding the Law of Evidence through Paradoxes of Rational Belief

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0003
Subject:
Law, Philosophy of Law

This chapter analyzes two epistemological paradoxes: Lottery and Preface, together with their legal derivatives, Gatecrasher, Blue Bus, Two Witnesses, and Prisoners of the Yard. It identifies the ... More


Cost-Efficiency

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0005
Subject:
Law, Philosophy of Law

This chapter presents an economic analysis of evidence law. Cost-efficiency requires adjudicators to minimize the aggregate cost of accuracy-enhancing procedures and fact-finding errors. The chapter ... More


Evidence

Fraser P Davidson

in Law Making and the Scottish Parliament: The Early Years

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748640195
eISBN:
9780748651498
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640195.003.0030
Subject:
Law, Legal History

The Scottish Parliament has contributed significantly to the development of the Scots law of evidence, and we would not wish to downplay its achievements in that regard. This chapter shows that ... More


The Origins of Adversary Criminal Trial

John H. Langbein

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.001.0001
Subject:
Law, Criminal Law and Criminology, Legal History

The adversary system of trial, now the defining feature of Anglo-American criminal procedure, developed late in English legal history. For centuries, defendants were forbidden to have trial counsel. ... More


The Psychological Foundations of Evidence Law

Michael J. Saks and Barbara A. Spellman

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479880041
eISBN:
9780814768785
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880041.001.0001
Subject:
Psychology, Social Psychology

Trials are supposed to be not only fair and accurate but also efficient. Evidence law is meant to facilitate trials, and, at the same time, to encourage and protect important societal values and ... More


Evidence Law

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0017
Subject:
Law, Philosophy of Law

This chapter consists of three main parts. It first discusses the effect of various cognitive limitations, heuristics, and biases on the actual and perceived credibility of various types of ... More


Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Chitra Sinha

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.001.0001
Subject:
Law, Family Law

The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the ... More


Evidentiary Issues in International Disputes Related to State Responsibility for Cyber Operations

Marco Roscini

in Cyber War: Law and Ethics for Virtual Conflicts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198717492
eISBN:
9780191787041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717492.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

Existing works on inter-state cyber operations have focused so far on whether such operations are consistent with primary norms of international law and on the remedies available to the victim state ... More


For the good of the cause: Generating evidence to inform social policies that reduce health inequalities

Ben Barr, Clare Bambra, and Katherine Smith

in Health Inequalities: Critical Perspectives

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198703358
eISBN:
9780191772603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703358.003.0018
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

A challenge facing health inequalities research is the ‘inverse evidence law’, whereby the availability of evidence tends to vary inversely with the potential impact of the intervention. This chapter ... More


Introduction

Jean-François Blanchette

in Burdens of Proof: Cryptographic Culture and Evidence Law in the Age of Electronic Documents

Published in print:
2012
Published Online:
August 2013
ISBN:
9780262017510
eISBN:
9780262301565
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262017510.003.0001
Subject:
Information Science, Information Science

This introductory chapter discusses the theme of this volume which is about the history of cryptographic culture and the place of evidence law in the age of electronic documents. This volume offers a ... More


Fragmentation and Harmonization in the Development of Evidentiary Practices in International Criminal Tribunals

John D. Jackson and Yassin M. Brunger

in Pluralism in International Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198703198
eISBN:
9780191772498
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703198.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses pluralism in international criminal procedure, and more specifically the law of evidence, as it is practised within and across different international criminal tribunals. It ... More


Criminal Law: Criminal Procedure

Steve Peers

in EU Justice and Home Affairs Law: Volume II: EU Criminal Law, Policing, and Civil Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198776840
eISBN:
9780191841910
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198776840.003.0004
Subject:
Law, EU Law

To ensure that substantive criminal law achieves its intended objectives, it is necessary both to investigate alleged crimes and to prosecute the alleged offenders, and then to carry out any sentence ... More


Conclusion

Mike Redmayne

in Character in the Criminal Trial

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199228898
eISBN:
9780191746765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228898.003.0013
Subject:
Law, Criminal Law and Criminology

The Conclusion starts by summarizing the book's main arguments and analysis. The notion of ‘character’ in law is controversial and raises many difficult theoretical and empirical questions, some of ... More


The Nature of International Crimes and Evidentiary Challenges: Preserving Quality While Managing Quantity

Elinor Fry

in Pluralism in International Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198703198
eISBN:
9780191772498
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703198.003.0010
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the sui generis nature of international crimes and the distinct goals typically associated with international criminal justice to see how they affect evidence law and practice. ... More


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