A Theory of the Trial

A Theory of the Trial
Author: Robert P. Burns
Publisher: Princeton University Press
Total Pages: 258
Release: 2001-10-08
Genre: Law
ISBN: 1400823374

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

Political Trials in Theory and History

Political Trials in Theory and History
Author: Jens Meierhenrich
Publisher: Cambridge University Press
Total Pages: 451
Release: 2017-02-27
Genre: Political Science
ISBN: 1108107656

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

Research Foundations

Research Foundations
Author: Douglas Woodwell
Publisher: SAGE Publications
Total Pages: 224
Release: 2013-11-07
Genre: Social Science
ISBN: 1483334058

Designing research can be daunting and disorienting for novices. After experiencing this first-hand, the author has written a book that shows how to mentally frame research in a way that is understandable and approachable while also discussing some of the more specific issues that will aid the reader in understanding the options available when pursuing their research. Stressing the link between research and theory-building, this concise book shows students how new knowledge is discovered through the process of research. The author presents a model that ties together research processes across the various traditions and shows how different types of research interrelate. The book is sophisticated in its presentation, but uses plain language to provide an explanation of higher-level concepts in an engaging manner. Throughout the book, the author treats research methodologies as a blueprint for answering a wide range of interesting questions, rather than simply a set of tools to be applied. The book is an excellent guide for students who will be consumers of research and who need to understand how theory and research interrelate. "The author did an excellent job on this text. This text is the missing link in explaining research methodologies. His comparison/contrasts are excellent. Moreover, the author provides interesting alternatives and discusses how each alternative might improve the validity of research." —James Anthos, South University, Columbia "...With only six chapters, the text can be covered in a short time allowing for students to spend the majority of their time investigating social issues and developing research. Students who read and understand this book will have the knowledge and resources to cover material they are unfamiliar with." —R. David Frantzreb II, University of North Carolina - Charlotte "I am looking for something just like this that is not overbearing for the student but will complement the supplementary material and resources that I am using with my students. I think the coverage is broad enough that I could use it with all of my groups." —Karen Larwin, Youngstown State University "...I think the author’s emphasis on demonstrating the relationship between theory and research is terribly important and understated in so many other texts. I also think that in the hands of competent professors, it can be supplemented with other sources to help students learn while not being encumbered financially with an expensive tome for which they may only use a fraction of it." —John R. Mitrano, Central Connecticut State University

Judge and Punish

Judge and Punish
Author: Geoffroy de Lagasnerie
Publisher: Stanford University Press
Total Pages: 215
Release: 2018-05-22
Genre: Philosophy
ISBN: 1503605795

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

THE PRACTICE OF JUSTICE

THE PRACTICE OF JUSTICE
Author: William H. Simon
Publisher: Harvard University Press
Total Pages: 265
Release: 2000
Genre: Law
ISBN: 9780674002753

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial?
Author: Sabine Gless
Publisher: Springer
Total Pages: 387
Release: 2019-04-17
Genre: Law
ISBN: 3030125203

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

On Trial

On Trial
Author: Geoffrey Douglas Egon Adair
Publisher: Butterworth-Heinemann
Total Pages: 448
Release: 1992
Genre: Law
ISBN:

The Theory of Response-Adaptive Randomization in Clinical Trials

The Theory of Response-Adaptive Randomization in Clinical Trials
Author: Feifang Hu
Publisher: John Wiley & Sons
Total Pages: 234
Release: 2006-09-29
Genre: Mathematics
ISBN: 0470055871

Presents a firm mathematical basis for the use of response-adaptive randomization procedures in practice The Theory of Response-Adaptive Randomization in Clinical Trials is the result of the authors' ten-year collaboration as well as their collaborations with other researchers in investigating the important questions regarding response-adaptive randomization in a rigorous mathematical framework. Response-adaptive allocation has a long history in biostatistics literature; however, largely due to the disastrous ECMO trial in the early 1980s, there is a general reluctance to use these procedures. This timely book represents a mathematically rigorous subdiscipline of experimental design involving randomization and answers fundamental questions, including: How does response-adaptive randomization affect power? Can standard inferential tests be applied following response-adaptive randomization? What is the effect of delayed response? Which procedure is most appropriate and how can "most appropriate" be quantified? How can heterogeneity of the patient population be incorporated? Can response-adaptive randomization be performed with more than two treatments or with continuous responses? The answers to these questions communicate a thorough understanding of the asymptotic properties of each procedure discussed, including asymptotic normality, consistency, and asymptotic variance of the induced allocation. Topical coverage includes: The relationship between power and response-adaptive randomization The general result for determining asymptotically best procedures Procedures based on urn models Procedures based on sequential estimation Implications for the practice of clinical trials Useful for graduate students in mathematics, statistics, and biostatistics as well as researchers and industrial and academic biostatisticians, this book offers a rigorous treatment of the subject in order to find the optimal procedure to use in practice.

Handbook of Research on Social Justice and Equity in Education

Handbook of Research on Social Justice and Equity in Education
Author: Keengwe, Jared
Publisher: IGI Global
Total Pages: 417
Release: 2022-05-06
Genre: Education
ISBN: 1799895688

There is growing pressure on teachers and other educators to understand and adopt the best ways to work with the various races, cultures, and languages that diverse learners represent in the ever-increasing culturally-diverse learning environments. Establishing sound cross-cultural pedagogy is also critical given that racial, cultural, and linguistic integration has the potential to increase academic success for all learners. To that end, there is also a need for educators to prepare graduates who will better meet the needs of culturally diverse learners as well as support their students to become successful global citizens. The Handbook of Research on Social Justice and Equity in Education highlights cross-cultural perspectives, challenges, and opportunities pertaining to promoting cultural competence, equity, and social justice in education. It also explores multiple concepts of building a bridge from a monocultural pedagogical framework to cross-cultural knowledge. Covering topics such as diversity education and global citizenship, this major reference work is ideal for academicians, researchers, practitioners, policymakers, instructors, and students.