Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required 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 our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer. Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. The first and most important principal is that forensic mental health practice and procedures must track the legal process, not the other way around. The goal of mental health treatment is fundamentally different.
Gait analysis is the systematic study of human walking, using the eye and brain of experienced observers, augmented by instrumentation for measuring body movements, body mechanics, and the activity of the muscles. Since Aristotle’s work on gait analysis more than 2000 years ago, it has become an established clinical science used extensively in the healthcare and rehabilitation fields for diagnosis and treatment. Forensic Gait Analysis details the more recent, and rapidly developing, use of gait analysis in the forensic sciences. The book considers the use of observational gait analysis, based on video recordings, to assist in the process of identification or exclusion. With the increase in use of CCTV and surveillance systems over the last 20 to 30 years, there has been a steady and rapid increase in the use of gait as evidence. Currently, gait analysis is widely used in the UK in criminal investigations, with increasing awareness of its potential use in the US, Europe, and globally. The book details the history of the science, current practices, and of the emergent application to establish best-practice standards that conform to those of other forensic science disciplines. Engagement with the Forensic Science Regulator, and the Chartered Society of Forensic Sciences in the UK, and the International Association for Identification has helped to ensure and enhance the quality assurance of forensic gait analysis. However, there remains a fundamental lack of standardized training and methodology for use in evidentiary and investigative casework. This book fills that void, serving as one of the first to describe the current state of practice, capabilities and limitations, and to outline methods, standards of practice and expectations of the gait analyst as a forensic practitioner. Forensic Gait Analysis reflects current research and forensic practice and will serve as a state-of-the-art guide to the use of gait analysis in the forensic context—for both education and training purposes. It will be a welcome addition to the libraries of professionals in the areas of podiatry, gait analysis, forensic video analysis, law enforcement, and legal practice.
Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. A problem-based Evidence coursebook that presents the Federal Rules of Evidence in context, illuminates the rules’ underlying theories and perspectives, and provides a fully updated and systematic account of the law in a student-friendly hornbook-style format. The material is accompanied with straightforward and systematic explanations. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. The book also contains self-assessment sections in each chapter that teach students how to identify and resolve legal issues and succeed in the final exam. To sum up: this book stands out as “all in one”: it gives students of evidence an up-to-date comprehensive account of the law; it explains complex evidentiary issues in a straightforward and systematic fashion; and it also tells students what their exam will look like and how to succeed in it. New to the Seventh Edition: A new case file to introduce numerous evidence issues throughout the semester, with spin-off problems in each chapter. Updated doctrine, including application of evidence rules to electronic evidence and the online environment. Professors and students will benefit from: An opening case file introducing students to the process of analyzing evidence in terms of the essential elements of a legal dispute, serving as an effective introduction to much of the course to follow A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Assessment problems (modeled on exam questions) at the end of each chapter, including answers with explanations Teaching materials Include: Updated and streamlined Teacher’s Manual, including sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Problems Supplement that includes most problems deleted from prior editions
Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarized choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of intermediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Creatine and Creatine Phosphate: Scientific and Clinical Perspectives is an up-to-date summary of both the scientific and medical aspects of creatine and creatine phosphate metabolism and therapy.It covers in detail the basic biochemistry, bioenergetics and biophysics of these agents with particular emphasis on their role on the cardiovascular and muscle systems. Modern in vivo myocardial and skeletal muscle measurements are outlined, and the importance of the molecules in cardiovascular medicine, sport science and cardiac surgery are highlighted.This book is designed for those interested in the basic scientific background to creatine and creatine phosphate, and also for physicians treating or studying heart and vascular disease. The book will also be vital for sports scientists who wish to acquire a comprehensive knowledge of the molecule which is currently being promoted for performance and exercise programmes.
FORENSIC CHEMISTRY FUNDAMENTALS strives to help scientists & lawyers, & students, understand how their two disciplines come together for forensic science, in the contexts of analytical chemistry & related science more generally, and the common law systems of Canada, USA, UK, the Commonwealth. In this book, forensics is considered more generally than as only for criminal law; workplace health & safety, and other areas are included. And, two issues of Canadian legal process are argued as essays in the fi nal two chapters.
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
Some say it's simply information, mirroring the world. Others believe it's propaganda, promoting a partisan view. But news, Michael Schudson tells us, is really both and neither; it is a form of culture, complete with its own literary and social conventions and powerful in ways far more subtle and complex than its many critics might suspect. A penetrating look into this culture, The Power of News offers a compelling view of the news media's emergence as a central institution of modern society, a key repository of common knowledge and cultural authority. One of our foremost writers on journalism and mass communication, Schudson shows us the news evolving in concert with American democracy and industry, subject to the social forces that shape the culture at large. He excavates the origins of contemporary journalistic practices, including the interview, the summary lead, the preoccupation with the presidency, and the ironic and detached stance of the reporter toward the political world. His book explodes certain myths perpetuated by both journalists and critics. The press, for instance, did not bring about the Spanish-American War or bring down Richard Nixon; TV did not decide the Kennedy-Nixon debates or turn the public against the Vietnam War. Then what does the news do? True to their calling, the media mediate, as Schudson demonstrates. He analyzes how the news, by making knowledge public, actually changes the character of knowledge and allows people to act on that knowledge in new and significant ways. He brings to bear a wealth of historical scholarship and a keen sense for the apt questions about the production, meaning, and reception of news today.
This volume collects together Michael Freeman's work on the family and society, and the part law plays in defining, structuring and controlling it. He questions the role of family law and its interface with family values, as well as the rights and best interests of children. Responsible parenthood is examined as well as the relationship between family law and medical law, examining surrogacy and saviour siblings. On adult relations the volume centres on domestic violence, same sex marriage, and alternative dispute resolution. Finally he examines the relationship between law and religion, focusing on Jewish divorce and the role of the state. The book is essential reading for scholars and students of family law, as well as those interested in gender and patriarchy, law and feminism, rights, and dispute resolution.
A study of the effect that the Arab-Israeli conflict from 1967 to the early 1980s had on left-wing activism in America. The Arab-Israeli conflict constituted a serious problem for the American Left in the 1960s: pro-Palestinian activists hailed the Palestinian struggle against Israel as part of a fundamental restructuring of the global imperialist order, while pro-Israeli leftists held a less revolutionary worldview that understood Israel as a paragon of democratic socialist virtue. This intra-left debate was in part doctrinal, in part generational. But further woven into this split were sometimes agonizing questions of identity. Jews were disproportionately well-represented in the Movement, and their personal and communal lives could deeply affect their stances vis-à-vis the Middle East. The Movement and the Middle East offers the first assessment of the controversial and ultimately debilitating role of the Arab-Israeli conflict among left-wing activists during a turbulent period of American history. Michael R. Fischbach draws on a deep well of original sources—from personal interviews to declassified FBI and CIA documents—to present a story of the left-wing responses to the question of Palestine and Israel. He shows how, as the 1970s wore on, the cleavages emerging within the American Left widened, weakening the Movement and leaving a lasting impact that still affects progressive American politics today. Praise for The Movement and the Middle East “Michael R. Fischbach boldly takes us into the vexed heart of debates on the American Left, exploding after the Six-Day War of 1967, over the Palestinian struggle against the state of Israel. Fischbach ably navigates the moral passion, ideological wrangling, and exquisite agony of the entire conflict. His bracing message is of the perils of intransigence and the enduring ability of the Israel-Palestine debate to further divide an already weakened American Left.” —Jeremy Varon, The New School, author of Bringing the War Home “In an engaging narrative, Michael Fischbach makes a wonderful contribution to our understanding of the shifting positions, alliances, and tensions among American leftist groups on the Israel-Palestine conflict in the 1960s and 1970s. The Movement and the Middle East will have a great impact on contemporary activism, illuminating the growing support for Palestinian liberation over the decades.” —Pamela Pennock, University of Michigan–Dearborn
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
The new media environment has challenged the role of professional journalists as the primary source of politically relevant information. After Broadcast News puts this challenge into historical context, arguing that it is the latest of several critical moments, driven by economic, political, cultural and technological changes, in which the relationship among citizens, political elites and the media has been contested. Out of these past moments, distinct 'media regimes' eventually emerged, each with its own seemingly natural rules and norms, and each the result of political struggle with clear winners and losers. The media regime in place for the latter half of the twentieth century has been dismantled, but a new regime has yet to emerge. Assuring this regime is a democratic one requires serious consideration of what was most beneficial and most problematic about past regimes and what is potentially most beneficial and most problematic about today's new information environment.
Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. - Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers - A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony - Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings - Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad
Designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law, the book consists of sections of exposition followed by real-world cases and case studies in which stastical data have played a role. Readers are asked to apply the theory to the facts, to calculate results (a pocket calculator is sufficient), and to explore legal issues raised by quantitative findings, while the author's own calculations and comments are given in the back of the book. The cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, and the death penalty. The first edition has been used in law, statistics, and social science courses, and in 1991 was selected by the University of Michigan Law Review as one of the important law books of the year. This second edition includes many new problems reflecting current developments in the law, including a new chapter on epidemiology.
Today, the Bay Area is home to the most successful knowledge economy in America, while Los Angeles has fallen progressively further behind its neighbor to the north and a number of other American metropolises. Yet, in 1970, experts would have predicted that L.A. would outpace San Francisco in population, income, economic power, and influence. The usual factors used to explain urban growth—luck, immigration, local economic policies, and the pool of skilled labor—do not account for the contrast between the two cities and their fates. So what does? The Rise and Fall of Urban Economies challenges many of the conventional notions about economic development and sheds new light on its workings. The authors argue that it is essential to understand the interactions of three major components—economic specialization, human capital formation, and institutional factors—to determine how well a regional economy will cope with new opportunities and challenges. Drawing on economics, sociology, political science, and geography, they argue that the economic development of metropolitan regions hinges on previously underexplored capacities for organizational change in firms, networks of people, and networks of leaders. By studying San Francisco and Los Angeles in unprecedented levels of depth, this book extracts lessons for the field of economic development studies and urban regions around the world.
Marking the debut of a gifted new writer, The Bookmaker teems with humanity, empathy, humor, and insight. At the heart of Michael J. Agovino's powerful, layered memoir is his family's struggle for success in 1970s, '80s, and '90s New York City—and his father's gambling, which brought them to exhilarating highs and crushing lows. He vividly brings to life the Bronx, a place of texture and nuance, of resignation but also of triumph. The son of a buttoned-up union man who moonlighted as a gentleman bookmaker and gambler, Agovino grew up in the Bronx's Co-op City, the largest and most ambitious state-sponsored housing development in U.S. history. When it opened, it landed on the front page of The New York Times and in Time magazine, which described it as "relentlessly ugly." Agovino's Italian American father was determined not to let his modest income and lack of a college education define him, and was dogged in his pursuit of the finer things in life. When the point spreads were on his side, he brought his family to places he only dreamed about in his favorite books and films: the Uffizi, the Tate, the Rijksmuseum; St. Peter's, Chartres, Teotihuacán. With bad luck came shouting matches, unpaid bills, and eviction notices. The Bookmaker is both a bold, loving portrait of a family and their metropolis and an intimate look into some of the most turbulent decades of New York City. In elegant and soaring prose, it transcends the personal to illuminate the ways in which class distinctions shaped America in the last half of the twentieth century.
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