John H. Langbein
- 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
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 evidence. Among the rules of evidence that were developed was the corroboration rule for accomplice testimony, the confession rule excluding suspect pretrial confessions, and the hearsay rule. This chapter examines the emergence of the law of criminal evidence based largely on a set of historical sources called the Old Bailey Sessions Papers, which came to light only in recent decades. These pamphlet accounts depict trials proceedings at the main London criminal court, the Old Bailey, from the 1670s into the 1910s.Less
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 evidence. Among the rules of evidence that were developed was the corroboration rule for accomplice testimony, the confession rule excluding suspect pretrial confessions, and the hearsay rule. This chapter examines the emergence of the law of criminal evidence based largely on a set of historical sources called the Old Bailey Sessions Papers, which came to light only in recent decades. These pamphlet accounts depict trials proceedings at the main London criminal court, the Old Bailey, from the 1670s into the 1910s.
Paul Roberts
- 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
This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. These four ideal-types are intended to represent core strands in contemporary common law scholarship, viewed from a British perspective. This chapter, in other words is largely an exercise in sympathetic reconstruction of existing theory and practice rather than a building from the ground up of conformity with an ideal theoretical blueprint. Any purported contrast between ‘procedure’ and ‘evidence’ is slippery at the best of times; and readers may need temporarily to suspend belief in their own jurisdiction's conceptual, disciplinary, and pedagogic taxonomies.Less
This chapter explores four rival perspectives or approaches to conceptualizing criminal procedure and evidence designated: doctrinal-conceptualist; epistemological; institutional; and normative. These four ideal-types are intended to represent core strands in contemporary common law scholarship, viewed from a British perspective. This chapter, in other words is largely an exercise in sympathetic reconstruction of existing theory and practice rather than a building from the ground up of conformity with an ideal theoretical blueprint. Any purported contrast between ‘procedure’ and ‘evidence’ is slippery at the best of times; and readers may need temporarily to suspend belief in their own jurisdiction's conceptual, disciplinary, and pedagogic taxonomies.
Alex Stein
- 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
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 argues that the legal regulation of adjudicative fact-finding needs to be tightened, rather than scaled down. Specifically, evidence law should regulate the apportionment of risk of error in adjudicative fact-finding. This regulation should control two categories of decision: (1) allocation of the risk of error between parties, and (2) the trade-offs between the substantive cost of errors and the cost of fact-finding procedures that aim at avoiding those errors.Less
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 argues that the legal regulation of adjudicative fact-finding needs to be tightened, rather than scaled down. Specifically, evidence law should regulate the apportionment of risk of error in adjudicative fact-finding. This regulation should control two categories of decision: (1) allocation of the risk of error between parties, and (2) the trade-offs between the substantive cost of errors and the cost of fact-finding procedures that aim at avoiding those errors.
Alex Stein
- 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
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 fact-finding that the law promotes through rulings on evidence. It identifies three categories of genuinely evidential rules and doctrines: (1) rules and doctrines that minimize the risk of error by enhancing the accuracy of fact-finding; (2) rules and doctrines that reduce the costs that fact-finding procedures and decisions incur; and (3) rules and doctrines that apportion the risk of error between litigants. The chapter also analyzes the means-end relationship between evidence rules and the controlling substantive law.Less
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 fact-finding that the law promotes through rulings on evidence. It identifies three categories of genuinely evidential rules and doctrines: (1) rules and doctrines that minimize the risk of error by enhancing the accuracy of fact-finding; (2) rules and doctrines that reduce the costs that fact-finding procedures and decisions incur; and (3) rules and doctrines that apportion the risk of error between litigants. The chapter also analyzes the means-end relationship between evidence rules and the controlling substantive law.
Alex Stein
- 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
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 fundamental function of evidence law as apportioning the risk of error under uncertainty. The chapter develops the principle of maximal individualization that eliminates the paradoxes. This principle has a number of features with different applications in civil and criminal adjudication. These features are distributed across two dimensions — epistemological and moral. Within the epistemological dimension, the maximal individualization principle contributes to fact-finding. Within the moral and political dimension, this principle apportions the risk of error.Less
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 fundamental function of evidence law as apportioning the risk of error under uncertainty. The chapter develops the principle of maximal individualization that eliminates the paradoxes. This principle has a number of features with different applications in civil and criminal adjudication. These features are distributed across two dimensions — epistemological and moral. Within the epistemological dimension, the maximal individualization principle contributes to fact-finding. Within the moral and political dimension, this principle apportions the risk of error.
Alex Stein
- 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
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 examines the evidential mechanisms to attain this goal. These mechanisms enhance cost-efficiency by eliminating the problem of private information and the misalignment between the private litigants’ incentives and the social good. These mechanisms include decision rules that determine the burdens and the standards of proof, as well as different process rules that determine what evidence is admissible and what fact-finding methodologies are allowed.Less
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 examines the evidential mechanisms to attain this goal. These mechanisms enhance cost-efficiency by eliminating the problem of private information and the misalignment between the private litigants’ incentives and the social good. These mechanisms include decision rules that determine the burdens and the standards of proof, as well as different process rules that determine what evidence is admissible and what fact-finding methodologies are allowed.
Fraser P Davidson
- 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 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 evidence is one area in which the Westminster Parliament could not be accused of neglecting Scots law. If a need for legislative reform was identified, it was generally met. Thus, while the measures introduced by the Scottish Parliament have been important, indeed quite radical in some cases, they have tended to continue the legislative development of particular areas of the law of evidence already begun by the Westminster Parliament. No real theme emerges from those measures. They have dealt with a series of different issues, each in a specific way. The Scots law of evidence continues to evolve along its own lines, in some respects similar to and in others different from the law of England, but that has long been the case, so that this owes nothing to the creation of the Scottish Parliament.Less
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 evidence is one area in which the Westminster Parliament could not be accused of neglecting Scots law. If a need for legislative reform was identified, it was generally met. Thus, while the measures introduced by the Scottish Parliament have been important, indeed quite radical in some cases, they have tended to continue the legislative development of particular areas of the law of evidence already begun by the Westminster Parliament. No real theme emerges from those measures. They have dealt with a series of different issues, each in a specific way. The Scots law of evidence continues to evolve along its own lines, in some respects similar to and in others different from the law of England, but that has long been the case, so that this owes nothing to the creation of the Scottish Parliament.
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 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. Prosecution counsel was allowed but seldom used. The criminal trial was meant to be a lawyer-free occasion at which the defendant could hear the accusing evidence and respond to it in person. The transformation from lawyer-free to lawyer-dominated criminal trials happened within the space of about a century, from the 1690s to the 1780s. This book explains how the lawyers captured the trial. In addition to conventional legal sources, the book draws upon a rich vein of contemporary pamphlet accounts about trials in London’s Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (notably reward-seeking thieftakers and crown witnesses testifying to save their own necks), the judges of the 1730s decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting defense counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. But defense counsel manipulated the dynamics of adversary procedure to defeat the judges’ design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and became instead an occasion for defense counsel to test the prosecution case.Less
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. Prosecution counsel was allowed but seldom used. The criminal trial was meant to be a lawyer-free occasion at which the defendant could hear the accusing evidence and respond to it in person. The transformation from lawyer-free to lawyer-dominated criminal trials happened within the space of about a century, from the 1690s to the 1780s. This book explains how the lawyers captured the trial. In addition to conventional legal sources, the book draws upon a rich vein of contemporary pamphlet accounts about trials in London’s Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (notably reward-seeking thieftakers and crown witnesses testifying to save their own necks), the judges of the 1730s decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting defense counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. But defense counsel manipulated the dynamics of adversary procedure to defeat the judges’ design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and became instead an occasion for defense counsel to test the prosecution case.
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
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 relationships. In pursuit of these goals, those who create the rules (i.e., common-law judges and modern drafting committees) must engage in amateur applied psychology. Their task requires 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 people's capacity to comprehend and evaluate evidence. These are the same phenomena studied by cognitive psychology and social psychology. Further, psychology examines the role of emotion, credibility, expert influence, and other relevant topics. The rules of evidence restrain lawyers from using the most robust weapons of influence, and direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. The Psychological Foundations of Evidence Law draws on the best current psychological research to identify and evaluate the choices implicit in the rules of evidence, and suggest alternatives that psychology reveals as more likely to accomplish the law’s goals. This interdisciplinary book is aimed at lawyers, judges, researchers, and students, and seeks to provide all with a better understanding of the psychology of what is perhaps the most psychologically connected of legal subjects.Less
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 relationships. In pursuit of these goals, those who create the rules (i.e., common-law judges and modern drafting committees) must engage in amateur applied psychology. Their task requires 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 people's capacity to comprehend and evaluate evidence. These are the same phenomena studied by cognitive psychology and social psychology. Further, psychology examines the role of emotion, credibility, expert influence, and other relevant topics. The rules of evidence restrain lawyers from using the most robust weapons of influence, and direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. The Psychological Foundations of Evidence Law draws on the best current psychological research to identify and evaluate the choices implicit in the rules of evidence, and suggest alternatives that psychology reveals as more likely to accomplish the law’s goals. This interdisciplinary book is aimed at lawyers, judges, researchers, and students, and seeks to provide all with a better understanding of the psychology of what is perhaps the most psychologically connected of legal subjects.
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
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 communicative processes surrounding the reform of Hindu customary laws relating to marriage, divorce, succession, adoption, and maintenance, the book provides an in-depth account of the intense debate that took place in and outside the legislature involving political groups, social associations, religious organizations, legal associations, and the women’s movement. Placing the debate in a historical continuum, the author traces the genesis of the Hindu Code Bill by exploring the linkages of late eighteenth century initiatives of colonial administration, the efforts of eighteenth century social reformers, and the contribution of Indian national movement as well as women’s organizations in early twentieth century. The book analyses the relationship of discourses in the public and legislative spheres and emphasizes the role of Nehru, Ambedkar, B.N. Rau and other prominent personalities in the promotion of gender justice. The book argues that while effective implementation of enabling legal provisions were impeded by deeply entrenched patriarchal structures in Independent India, the debate contributed towards a gradual transformation of the Indian social consciousness, thus contributing towards gender justice in Indian society.Less
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 communicative processes surrounding the reform of Hindu customary laws relating to marriage, divorce, succession, adoption, and maintenance, the book provides an in-depth account of the intense debate that took place in and outside the legislature involving political groups, social associations, religious organizations, legal associations, and the women’s movement. Placing the debate in a historical continuum, the author traces the genesis of the Hindu Code Bill by exploring the linkages of late eighteenth century initiatives of colonial administration, the efforts of eighteenth century social reformers, and the contribution of Indian national movement as well as women’s organizations in early twentieth century. The book analyses the relationship of discourses in the public and legislative spheres and emphasizes the role of Nehru, Ambedkar, B.N. Rau and other prominent personalities in the promotion of gender justice. The book argues that while effective implementation of enabling legal provisions were impeded by deeply entrenched patriarchal structures in Independent India, the debate contributed towards a gradual transformation of the Indian social consciousness, thus contributing towards gender justice in Indian society.
Eyal Zamir and Doron Teichman
- 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
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 evidence—including eyewitness testimonies, probabilistic data, and circumstantial evidence. It further examines the extent to which the use of expert testimonies can overcome such heuristics and biases. The second part analyzes behavioral aspects of burden-of-proof rules, such as the justification for placing the burden on the plaintiff, and the actual meaning of the standard of proof in civil and criminal proceedings. Finally, the third part argues that while people’s bounded rationality creates obstacles for judicial truth-finding, it also makes it much harder for interested parties, litigants and witnesses, to hide the truth—thus facilitating accurate fact-finding.Less
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 evidence—including eyewitness testimonies, probabilistic data, and circumstantial evidence. It further examines the extent to which the use of expert testimonies can overcome such heuristics and biases. The second part analyzes behavioral aspects of burden-of-proof rules, such as the justification for placing the burden on the plaintiff, and the actual meaning of the standard of proof in civil and criminal proceedings. Finally, the third part argues that while people’s bounded rationality creates obstacles for judicial truth-finding, it also makes it much harder for interested parties, litigants and witnesses, to hide the truth—thus facilitating accurate fact-finding.
Marco Roscini
- 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
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 under the jus ad bellum and the law of state responsibility. They have almost entirely neglected a discussion of the evidence the victim state needs to produce to demonstrate that an unlawful cyber operation has been conducted against it and that it is attributable to another state. Taking the International Court of Justice’s case-law into account, the chapter discusses who has the burden of proof in relation to claims seeking remedies for damage caused by cyber operations, the standard of proof required in the cyber context, and, finally, the possible methods of proof, distinguishing between those which are admissible and those which are inadmissible.Less
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 under the jus ad bellum and the law of state responsibility. They have almost entirely neglected a discussion of the evidence the victim state needs to produce to demonstrate that an unlawful cyber operation has been conducted against it and that it is attributable to another state. Taking the International Court of Justice’s case-law into account, the chapter discusses who has the burden of proof in relation to claims seeking remedies for damage caused by cyber operations, the standard of proof required in the cyber context, and, finally, the possible methods of proof, distinguishing between those which are admissible and those which are inadmissible.
Ben Barr, Clare Bambra, and Katherine Smith
- 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
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 reflects on the need to address this by going beyond experimental approaches to evaluate the health inequalities impact of policies as they happen. Broadening research methods to include these ‘natural experiments’ raises questions about causality and the validity of research methods. The chapter briefly discusses experimental and realist perspectives on causality in the evaluation of social policy. It also outlines econometric methods that have been developed to evaluate the impact of ‘natural experiments’, discusses some of the limitations of these, and suggests how they can be enhanced through insights from theory-based approaches to evaluation. Finally, it discusses some of the implications of this for evidence synthesis, and concludes that the synthesis of econometric and qualitative methods, within a realist framework, has great potential for generating evidence to reduce health inequalities.Less
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 reflects on the need to address this by going beyond experimental approaches to evaluate the health inequalities impact of policies as they happen. Broadening research methods to include these ‘natural experiments’ raises questions about causality and the validity of research methods. The chapter briefly discusses experimental and realist perspectives on causality in the evaluation of social policy. It also outlines econometric methods that have been developed to evaluate the impact of ‘natural experiments’, discusses some of the limitations of these, and suggests how they can be enhanced through insights from theory-based approaches to evaluation. Finally, it discusses some of the implications of this for evidence synthesis, and concludes that the synthesis of econometric and qualitative methods, within a realist framework, has great potential for generating evidence to reduce health inequalities.
Jean-François Blanchette
- 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
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 counterpoint to the preference for the analysis of the geometry of the line and describes the deployment of electronic signatures within the very professions entrusted with the production and management of documentary evidence. It also argues against the mathematization of cryptography and proposes a technical foundation for digital signatures based on the mathematics of public-key cryptography.Less
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 counterpoint to the preference for the analysis of the geometry of the line and describes the deployment of electronic signatures within the very professions entrusted with the production and management of documentary evidence. It also argues against the mathematization of cryptography and proposes a technical foundation for digital signatures based on the mathematics of public-key cryptography.
John D. Jackson and Yassin M. Brunger
- 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
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 draws on a pilot study of interviews with prosecutors, defence practitioners, lawyers, and judges in the Chambers, who have experience of working in several tribunals. It argues that whilst a plurality of evidentiary practices has emerged to meet the particular challenges posed by mass atrocity cases, the fact that the procedural actors are familiar and have experience with other tribunals may be a harmonizing factor. The chapter concludes by considering how over time the experience that professional actors have built up across different tribunals may be used to develop a set of (relatively uniform) evidentiary practices that is sensitive to the peculiarities of prosecuting and adjudicating mass criminality.Less
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 draws on a pilot study of interviews with prosecutors, defence practitioners, lawyers, and judges in the Chambers, who have experience of working in several tribunals. It argues that whilst a plurality of evidentiary practices has emerged to meet the particular challenges posed by mass atrocity cases, the fact that the procedural actors are familiar and have experience with other tribunals may be a harmonizing factor. The chapter concludes by considering how over time the experience that professional actors have built up across different tribunals may be used to develop a set of (relatively uniform) evidentiary practices that is sensitive to the peculiarities of prosecuting and adjudicating mass criminality.
Mike Redmayne
- 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 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 which this book has attempted to answer. The text has looked in detail at the use of the defendant's character in evidence law and sentencing. It has also considered character theories of criminal liability. Finally, the Conclusion looks at the importance of the trend of a greater reliance on character in the criminal trial. While the book has been critical of policies which augment sentences for recidivists, it has argued that the increased use of bad character evidence in the guilt-determination stage of the trial is defensible.Less
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 which this book has attempted to answer. The text has looked in detail at the use of the defendant's character in evidence law and sentencing. It has also considered character theories of criminal liability. Finally, the Conclusion looks at the importance of the trend of a greater reliance on character in the criminal trial. While the book has been critical of policies which augment sentences for recidivists, it has argued that the increased use of bad character evidence in the guilt-determination stage of the trial is defensible.
Steve Peers
- 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
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 imposed. However, in democratic societies committed to human rights, ensuring effective prosecutions cannot be the sole objective. As it is unacceptable to punish the innocent with the force of criminal sanctions such as imprisonment, the process of determining guilt or innocence needs to be fair. So the right to a fair trial carries a prominent place in any general international human rights treaty or national constitutional bill of rights, along with associated principles like the legality and non-retroactivity of criminal law. This chapter examines criminal law in detail, starting with the basic issues of the institutional framework, an overview of measures adopted, legal competence, territorial scope, human rights, and overlaps with other (non-JHA) EU law. It then examines the EU’s harmonization of domestic criminal procedure, in the specific fields referred to in the Treaty of Lisbon in turn: evidence law, suspects’ rights, and victims’ rights.Less
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 imposed. However, in democratic societies committed to human rights, ensuring effective prosecutions cannot be the sole objective. As it is unacceptable to punish the innocent with the force of criminal sanctions such as imprisonment, the process of determining guilt or innocence needs to be fair. So the right to a fair trial carries a prominent place in any general international human rights treaty or national constitutional bill of rights, along with associated principles like the legality and non-retroactivity of criminal law. This chapter examines criminal law in detail, starting with the basic issues of the institutional framework, an overview of measures adopted, legal competence, territorial scope, human rights, and overlaps with other (non-JHA) EU law. It then examines the EU’s harmonization of domestic criminal procedure, in the specific fields referred to in the Treaty of Lisbon in turn: evidence law, suspects’ rights, and victims’ rights.
Elinor Fry
- 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
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. It first discusses the idiosyncrasies of international crimes and the special challenges of investigating, prosecuting, and adjudicating them, including the distinct goals typically associated with international criminal justice. The chapter then connects these characteristics to the debate on evidentiary hurdles intrinsic to the investigation and prosecution of international crimes. It examines how those hurdles affect evidentiary processes, regardless of the forum—whether national or international—in which the crimes are prosecuted.Less
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. It first discusses the idiosyncrasies of international crimes and the special challenges of investigating, prosecuting, and adjudicating them, including the distinct goals typically associated with international criminal justice. The chapter then connects these characteristics to the debate on evidentiary hurdles intrinsic to the investigation and prosecution of international crimes. It examines how those hurdles affect evidentiary processes, regardless of the forum—whether national or international—in which the crimes are prosecuted.
Susan D. Franck
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780190054434
- eISBN:
- 9780190054465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190054434.003.0001
- Subject:
- Law, Public International Law
Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related ...
More
Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related to cost, and exploring how cognitive psychology and data-driven analysis can offer a frame for considering the relative value of normative reform. After the initial framing, Chapter 1 provides an overview of international investment, with a historic context and a matrix for understanding the current dispute resolution options to set the stage for consideration of alternatives. It then describes ITA’s doctrinal foundation to explore the debate about the costs and benefits of ITA. The final section addresses the need to appreciate the relative value of policy options to make grounded, evidence-based normative choices for investment treaty dispute resolution.Less
Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related to cost, and exploring how cognitive psychology and data-driven analysis can offer a frame for considering the relative value of normative reform. After the initial framing, Chapter 1 provides an overview of international investment, with a historic context and a matrix for understanding the current dispute resolution options to set the stage for consideration of alternatives. It then describes ITA’s doctrinal foundation to explore the debate about the costs and benefits of ITA. The final section addresses the need to appreciate the relative value of policy options to make grounded, evidence-based normative choices for investment treaty dispute resolution.
