Evaluation of Evidence
eBook - PDF

Evaluation of Evidence

Pre-Modern and Modern Approaches

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Evaluation of Evidence

Pre-Modern and Modern Approaches

Book details
Table of contents
Citations

About This Book

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence.Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.

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Information

Publisher
Cambridge University Press
Year
2018
ISBN
9781108602846
Topic
Derecho
Subtopic
Teoría y práctica del derecho

Table of contents

  1. Cover
  2. Half-title page
  3. Series page
  4. Title page
  5. Copyright page
  6. Dedication
  7. Epigraph
  8. Contents
  9. Acknowledgments
  10. Prologue
  11. 1 The Origin of Roman-Canon Legal Proof in Criminal Cases
  12. 2 Epistemic Foundations
  13. 3 Orientation in the Labyrinth
  14. 4 The Two-Eyewitnesses Rule
  15. 5 The Probative Impact of Confessions
  16. 6 The Negative Effect of Legal Proof
  17. 7 The Rejection of Persuasive Evidence
  18. 8 Evading the Roman-Canon Full Proof Standard
  19. 9 Recapitulation
  20. 10 Continental Successors to Roman-Canon Legal Proof
  21. 11 Roman-Canon Legal Proof and Common Law Evidence
  22. Epilogue
  23. Index