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Genetics, Neuroscience, and Criminal Responsibility

Nita A. Farahany and James E. Coleman, Jr.

in The Impact of Behavioral Sciences on Criminal Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195340525
eISBN:
9780199867219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340525.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter discusses practitioners' attempts to use behavioral genetics and neuroscience in U.S. criminal law cases, and explores the relationship between behavioral genetics, neuroscience, and ... More


Forensic issues in neuropsychology

William W. McKinlay, Michaela McGowan, and Jane V. Russell

in The Handbook of Clinical Neuropsychology

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199234110
eISBN:
9780191594250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199234110.003.36
Subject:
Psychology, Neuropsychology, Clinical Psychology

This chapter discusses the role of neuropsychology in civil and criminal cases. Neuropsychologists may be called on to assist in civil cases (e.g., in personal injury claims after traumatic brain ... More


Scientific evidence and investigation by the new Criminal Cases Review Commission: the scope for further miscarriages of justice and crisis

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines changes in the current processes and institutions of criminal justice that are expected to restore public confidence in the safety of convictions: the increased use of ... More


The Much-Maligned Antitrust Jury

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0006
Subject:
Law, Competition Law

This chapter considers the jury as a distinct institution. The chapter's consideration of the available evidence concentrates on the following areas: antitrust cases the criminal and civil domaines; ... More


Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain

Mike McConville, Jacqueline Hodgson, Lee Bridges, and Anita Pavlovic

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198258681
eISBN:
9780191681851
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258681.001.0001
Subject:
Law, Criminal Law and Criminology

Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, ... More


Defence Solicitors in Criminal Cases: An Introduction

Micke McConville, Jacqueliene Hodgson, Lee Bridges, and Anita Pavlovic

in Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198258681
eISBN:
9780191681851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258681.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter concentrates on solicitors and their staff and the nature and quality of the legal defence and ‘representation’ they provide to these clients on a routine basis. It starts by presenting ... More


Criminal Cases

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0004
Subject:
Political Science, American Politics

This chapter explores the specialization in criminal law in the states, highlighting the courts that hear specific subsets of criminal cases. Separating criminal and civil cases allows judges who ... More


: The Costly Charade: Habeas and State Prisoners Today

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter, which discusses the results of Professor Nancy King's recent empirical study of habeas filings in the federal district courts, presents the most complete picture of habeas litigation in ... More


: The Future of Habeas Review of State Criminal Cases

in Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the proposals for the future of habeas review of state criminal cases. It reviews the vital changes that have occurred in state criminal justice over the past half-century and ... More


What are the Standards of Proof in Courts of Law?

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0005
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter describes the standard of proof in courts of law. There are two main standards for proof of fact in English and American courts. The plaintiff in a civil case must prove on the balance ... More


Functional, Systemic Comparisons of Legal Systems

Richard A. Posner

in Law and Legal Theory in England and America

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264712
eISBN:
9780191682773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264712.003.0012
Subject:
Law, Comparative Law

This lecture compares two operating legal systems, the English and American. By ‘system’ it means a set of interrelated, interacting parts, each of which has a function in making the system work. ... More


Triage: The Application Screening Process

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0006
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines how the Criminal Cases Review Commission makes sense of approximately 1,400 applications it receives each year, focusing on the mechanisms that are in place for stage one of ... More


The Scope of the Right to a Fair Trial Guarantee in Non-Criminal Cases in the European Convention on Human Rights

David Harris

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0004
Subject:
Law, Human Rights and Immigration

This chapter looks at the scope of the right to a fair trial guarantee in non-criminal cases in the context of the European Convention on Human Rights. Though the European Court of Human Rights has ... More


Travels of a Suspect’s Statement

Martha Komter

in Legal-Lay Communication: Textual Travels in the Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199746842
eISBN:
9780199345052
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199746842.003.0006
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Martha Komter’s chapter illustrates the intertextual construction of legal cases by showing how texts travel through the Dutch criminal law process, from the police investigation through the trial. ... More


Working Cooperatively with Other Criminal Justice Institutions

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0011
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a ... More


Responding to Applicants’ Allegations of Policing Without Integrity

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0009
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the Criminal Cases Review Commission's response to claims that policing without integrity affects the safety of the applicant's conviction. It first considers cases of wrongful ... More


‘Post-decision Decision-making’

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0013
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the Criminal Cases Review Commission's policy on post-decision decision-making, focusing on what happens in cases when the Commission has decided there are no grounds for ... More


Criminal Cases: Suspects against the Government

in Measuring Judicial Independence: The Political Economy of Judging in Japan

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226703886
eISBN:
9780226703879
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226703879.003.0007
Subject:
Law, Comparative Law

This chapter examines criminal cases; in Japan, criminal defendants face extraordinarily high conviction rates. The chapter asks whether this might reflect skewed incentives: Do judges convict ... More


Complainant Credibility in Sexual Offence Cases

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the Criminal Cases Review Commission's approach to sexual offence cases that tend to present evidence pertaining to the credibility of the complainant. Drawing on forty-six ... More


Last Chance for Justice

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0014
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a ... More


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