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A close look at criminal cases that shocked the country Drawing on her vast experience as a senior advocate and Additional Solicitor General at the Supreme Court, Pinky Anand examines criminal cases that have captured public interest. Breaking down each aspect of cases such as the Nirbhaya rape, the Nanavati murder, the Nithari killings and others, she gives us an inside look and lawyer's perspective into the manner of legal proceedings, strategies employed by legal counsel on both sides and the rigour with which courts come to verdicts. Even years after they have been tried in court, these instances are cemented in people's memories on account of either their brutality, the trials or the landmark judgments they resulted in. Anand's insights not only delve into the finer details but also provide context to the cases that have had a lasting impact on society as well as legal institutions.
Uncovers a major deficiency of U.S. criminal justice—a trial system that prioritizes winning over truth Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulings—often with perverse results—the American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world. William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence. How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed to degenerate into one so profoundly flawed? Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice system—and a prescription for how it can be fixed.
The Ulysses Trials chronicles that progress and adds not only to the understanding of Joyce but also to the history of the laws of obscenity, censorship and freedom of speech.
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
In Jesus on Trial, New York Times bestselling author David Limbaugh applies his lifetime of legal experience to a unique new undertaking: making a case for the gospels as hard evidence of the life and work of Jesus Christ. Limbaugh, a practicing attorney and former professor of law, approaches the canonical gospels with the same level of scrutiny he would apply to any legal document and asks all the necessary questions about the story of Jesus told through Matthew, Mark, Luke, and John. His analysis of the texts becomes profoundly personal as he reflects on his own spiritual and intellectual odyssey from determined skeptic to devout Christian. Ultimately, Limbaugh concludes that the words Christians have treasured for centuries stand up to his exhaustive enquiry—including his examination of historical and religious evidence beyond the gospels—and thereby affirms Christian faith, spirituality, and tradition.
This engrossing investigation into the tragic 1988 murder of four-year-old Barbara Jean Horn and its aftermath leads readers through the facts of the case in compelling, compassionate, and riveting fashion. Award-winning journalist Thomas Lowenstein makes an evenhanded case for the wrongful conviction of Walter Ogrod, a man with autism spectrum disorder who has been on death row since 1996. Informed by police records, court transcripts, interviews, letters and journals, and more, Lowenstein relates how Ogrod was convicted based solely on a confession he signed after 36 hours without sleep and how his fate was sealed by an infamous jailhouse snitch. Presenting explosive new evidence, Lowenstein exposes a larger pattern of prosecutorial misconduct in Philadelphia.