Jump to ContentJump to Main Navigation

You are looking at 1-15 of 15 items

  • Keywords: rules of evidence x
Clear All Modify Search

View:

Knowing and Proving Exculpatory Mental Incapacity

Arlie Loughnan

in Manifest Madness: Mental Incapacity in the Criminal Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698592
eISBN:
9780191738883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698592.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter turns from the substantive law of insanity and automatism to the rules and practices of evidence and proof. It analyses the way in which claims to exculpatory mental incapacity are ... More


Introduction: The Crossroads of Psychology and Evidence Law

Michael J. Saks and Barbara A. Spellman

in The Psychological Foundations of Evidence Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479880041
eISBN:
9780814768785
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880041.003.0001
Subject:
Psychology, Social Psychology

Rules of evidence are designed to facilitate trials by controlling what evidence may be presented at trial. Those rules came into being, and evolved over time, due to changes in trial process and ... More


Balancing Acts

Michael J. Saks and Barbara A. Spellman

in The Psychological Foundations of Evidence Law

Published in print:
2016
Published Online:
May 2017
ISBN:
9781479880041
eISBN:
9780814768785
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479880041.003.0003
Subject:
Psychology, Social Psychology

Many rules of evidence employ balancing tests. The best known is Rule 403, requiring a judge to compare the probative value of evidence against (for example) its prejudicial effect. The problem of ... More


Evidence and Legal Theory *

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0014
Subject:
Law, Philosophy of Law

Jurisprudence is a theoretical part of law as a discipline and synonymous to legal theory but broader than legal philosophy. Legal theorizing is an activity directed to a variety of tasks all of ... More


Process versus Truth in the Case of the Lincoln Conspiracy

Michael W. Kauffman

in The Lincoln Assassination: Crime and Punishment, Myth and Memory A Lincoln Forum Book

Published in print:
2010
Published Online:
March 2011
ISBN:
9780823232260
eISBN:
9780823240784
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fso/9780823232260.003.0009
Subject:
History, American History: 19th Century

This chapter deftly points out the differences between current rules of evidence and those that applied in 1865—suggesting that many facts remained undisclosed at the Lincoln assassination trial. It ... More


Brain Images as Evidence in the Criminal Law

Adina L. Roskies and Walter Sinnott-Armstrong

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0007
Subject:
Law, Medical Law

This chapter examines the value of brain images as evidence in the criminal law, specifically of the US. Do they pass muster under the Federal Rules of Evidence? It concludes that brain images are as ... More


Evidence and Selection of Judges in International Criminal Tribunals: The Need for a Harmonized Approach

H.H. Judge Peter Murphy and Lina Baddour

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/9780198703198.003.0015
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter addresses the need to adopt a common-law approach to the handling and evaluation of evidence in international criminal law (ICL). It first explains the challenges inherent in ... 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 and the Criminal Terrorist Prosecution

Wadie E. Said

in Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199969494
eISBN:
9780190234171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199969494.003.0004
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act ... More


Regulated Negotiations

Andrew Trask and Andrew DeGuire

in Betting the Company: Complex Negotiation Strategies for Law and Business

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199846252
eISBN:
9780190260057
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199846252.003.0006
Subject:
Law, Company and Commercial Law

This chapter examines the impact of government regulations on how organizations negotiate. It provides an overview of each of the bodies of law that affect most complex business negotiations and how ... More


Revisiting the Sources of Applicable Law before the ICC

Alain Pellet

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

Article 21 of the Rome Statute sets out a complex system of sources of applicable law. In addition to the Statute itself, which contains a relatively detailed list of crimes, Articles 21 includes the ... More


Procedure

Dean Aszkielowicz

in The Australian Pursuit of Japanese War Criminals, 1943-1957: From Foe to Friend

Published in print:
2017
Published Online:
January 2018
ISBN:
9789888390724
eISBN:
9789888390427
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888390724.003.0004
Subject:
History, Asian History

The Australian prosecutions were a difficult balance of several competing imperatives. The government, military, legal professionals and the public all, on balance, called for trials that were fair ... More


Jurors Overvalue Expert Testimony

Brian H. Bornstein and Edie Greene

in The Jury Under Fire: Myth, Controversy, and Reform

Published in print:
2017
Published Online:
February 2017
ISBN:
9780190201340
eISBN:
9780190201357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190201340.003.0007
Subject:
Psychology, Forensic Psychology

Trials are becoming increasingly complex. Much of this complexity is due to scientific or other technical evidence presented by expert witnesses, which is often hard for jurors to understand. By ... More


The Exemplary Life of René Descartes

Steven B. Smith

in Modernity and Its Discontents: Making and Unmaking the Bourgeois from Machiavelli to Bellow

Published in print:
2016
Published Online:
January 2017
ISBN:
9780300198393
eISBN:
9780300220988
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198393.003.0003
Subject:
Philosophy, History of Philosophy

If Machiavelli is the founder of modern politics, Descartes is the founder of modern philosophy even though the nature of his modernity is often misunderstood. This chapter examines Descartes’s ... More


Prosecuting the Japanese: Creating War Crimes Tribunals in the Netherlands East Indies

Fred L. Borch

in Military Trials of War Criminals in the Netherlands East Indies 1946-1949

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198777168
eISBN:
9780191822964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198777168.003.0004
Subject:
Law, Public International Law

In coordination with the other Allies in the Pacific, the Dutch decided to prosecute war criminals in their custody at military tribunals. These “temporary courts-martial” were created by the ... More


View: