Results for ' criminal procedure rules'

979 found
Order:
  1. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  2. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and (...) Law, Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)
    Download  
     
    Export citation  
     
    Bookmark  
  3. The home-made bombing at the marathon races in Boston, Massachusetts.Sally Ramage - 2015 - Current Criminal Law 7 (3):02-64.
    This paper covers the home-made bombing used at the 2013 Boston Marathon annual races even though we knew before the trial began that the verdict will have to be 'guilty' because the people of Boston demanded that verdict and received the first lap of the verdict on 8 April 2015. Neither beautiful technical rulings nor breaches of prosecution disclosure rules nor metadata queries nor tampered evidence would have held sway at this trial.
    Download  
     
    Export citation  
     
    Bookmark  
  4. What is hate speech? The case for a corpus approach.Maxime Lepoutre, Sara Vilar-Lluch, Emma Borg & Nat Hansen - 2023 - Criminal Law and Philosophy 18 (2):397-430.
    Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding hate speech (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Epistemic injustice in criminal procedure.Andrés Páez & Janaina Matida - 2023 - Revista Brasileira de Direito Processual Penal 9 (1):11-38.
    There is a growing awareness that there are many subtle forms of exclusion and partiality that affect the correct workings of a judicial system. The concept of epistemic injustice, introduced by the philosopher Miranda Fricker, is a useful conceptual tool to understand forms of judicial partiality that often go undetected. In this paper, we present Fricker’s original theory and some of the applications of the concept of epistemic injustice in legal processes. In particular, we want to show that the seed (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...)
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  7. ‘Liberal Democracy’ in the ‘Post-Corona World’.Shirzad Peik - 2020 - Journal of Philosophical Investigations at University of Tabriz 14 (31):1-29.
    ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Beginner's Guide for Cybercrime Investigators.Nicolae Sfetcu - 2014 - Drobeta Turnu Severin: MultiMedia Publishing.
    In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9.  70
    Procedure-content interaction in attitudes to law and in the value of the rule of law : an empirical and philosophical collaboration.Noam Gur & Jonathan Jackson - 2021 - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives. New York, NY: Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which inspires a philosophical re-examination of the moral status of the rule of law. The chapter analyses survey data from the US about law-related attitudes and legal compliance. Consistently with prior studies, it finds that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - 2021 - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives. New York, NY: Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Mixed Messages: How Criminal Law Fails to Express Feminist Values.Amelia M. Wirts - forthcoming - Criminal Law and Philosophy.
    Criminal law practices in the US, including policing and incarceration, have drawn heavy criticism for their disproportionate impact on black people, particularly black men. At the same time, some feminist scholars and activists advocate for increases in criminal law responses to sexual assault, including expanding criminal statutes to cover more instances of sexual assault and increasing sentencing guidelines. These reforms are often justified by claims that criminal law should express more feminist values and reject sexist social (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Procedural justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...)
    Download  
     
    Export citation  
     
    Bookmark   18 citations  
  13.  70
    Poverty Relief as a Rule-Based Discovery Procedure: Is Universal Basic Income Compatible with a Hayekian Welfare State?Otto Lehto - 2023 - In Alicja Sielska (ed.), Transition economies in Central and Eastern Europe: Austrian perspectives. London: Routledge. pp. 140-154.
    What does effective poverty relief entail? How are we to assess the capacity of advanced industrialized societies to solve the problem of poverty? What role, if any, is left for the welfare state? This chapter argues that poverty relief, far from being primarily a matter of post hoc redistribution, primarily consists in a Hayekian-Schumpeterian discovery (or innovation) procedure whereby the problems of the poor are continuously discovered, identified, and eventually solved from the bottom up. This suggests new avenues for (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. The Role of Administrative Procedures and Regulations in Enhancing the Performance of The Educational Institutions - The Islamic University in Gaza is A Model.Ashraf A. M. Salama, Youssef M. Abu Amuna, Mazen J. Al Shobaki & Samy S. Abu-Naser - 2018 - International Journal of Academic Multidisciplinary Research (IJAMR) 2 (2):14-27.
    The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were retrieved (...)
    Download  
     
    Export citation  
     
    Bookmark   48 citations  
  15. Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model.Gregg D. Caruso - 2016 - Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view (...)
    Download  
     
    Export citation  
     
    Bookmark   36 citations  
  16. Reforming Rules of Origin in Greater Arab Free Trade Area for Effective Economic Integration.Bashar H. Malkawi - 2017 - Economic Research Policy Forum Brief 29:1-7.
    Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. A Decision Procedure for Herbrand Formulas without Skolemization.Timm Lampert - manuscript
    This paper describes a decision procedure for disjunctions of conjunctions of anti-prenex normal forms of pure first-order logic (FOLDNFs) that do not contain V within the scope of quantifiers. The disjuncts of these FOLDNFs are equivalent to prenex normal forms whose quantifier-free parts are conjunctions of atomic and negated atomic formulae (= Herbrand formulae). In contrast to the usual algorithms for Herbrand formulae, neither skolemization nor unification algorithms with function symbols are applied. Instead, a procedure is described that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Rescue Cases, the Majority Rule, and the Greatest Number.Jonas Werner - 2024 - Journal of Ethics and Social Philosophy 28 (3).
    In a recent paper, Tim Henning argues that the result that we should save the greatest number in rescue cases can be established on procedural grounds without making use of the aggregation of interests. He first argues that we ought to respect the affected persons' equal claims to have a say in the rescue decision and that this can only be achieved by the majority rule, which consists in giving each affected person an equal vote. Then he argues for the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20.  21
    Voluntary Associations and the Rule of Law.Manish Oza - forthcoming - McGill Law Journal.
    This paper is about why voluntary associations, such as churches, unions and political parties, are subject to natural justice requirements in common law: in other words, why they are required to treat their members fairly. These requirements are typically imposed (under the name of procedural fairness) by public law on exercises of state authority, but voluntary associations do not exercise state authority. Voluntary associations are set up in private law, as structures of property and contract, but property and contract law (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. Update rules and semantic universals.Luca Incurvati & Giorgio Sbardolini - 2023 - Linguistics and Philosophy 46 (2):259-289.
    We discuss a well-known puzzle about the lexicalization of logical operators in natural language, in particular connectives and quantifiers. Of the many logically possible operators, only few appear in the lexicon of natural languages: the connectives in English, for example, are conjunction _and_, disjunction _or_, and negated disjunction _nor_; the lexical quantifiers are _all, some_ and _no_. The logically possible nand (negated conjunction) and Nall (negated universal) are not expressed by lexical entries in English, nor in any natural language. Moreover, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  22. Acceptance, Aggregation and Scoring Rules.Jake Chandler - 2013 - Erkenntnis 78 (1):201-217.
    As the ongoing literature on the paradoxes of the Lottery and the Preface reminds us, the nature of the relation between probability and rational acceptability remains far from settled. This article provides a novel perspective on the matter by exploiting a recently noted structural parallel with the problem of judgment aggregation. After offering a number of general desiderata on the relation between finite probability models and sets of accepted sentences in a Boolean sentential language, it is noted that a number (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  23. Algorithms and the Individual in Criminal Law.Renée Jorgensen - 2022 - Canadian Journal of Philosophy 52 (1):1-17.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  24. (1 other version)Formalizing Kant’s Rules.Richard Evans, Andrew Stephenson & Marek Sergot - 2019 - Journal of Philosophical Logic 48:1-68.
    This paper formalizes part of the cognitive architecture that Kant develops in the Critique of Pure Reason. The central Kantian notion that we formalize is the rule. As we interpret Kant, a rule is not a declarative conditional stating what would be true if such and such conditions hold. Rather, a Kantian rule is a general procedure, represented by a conditional imperative or permissive, indicating which acts must or may be performed, given certain acts that are already being performed. (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  25. Psychopathy, Genes, and the Criminal Justice System.Paula Kim - 2014 - The Columbia Science and Technology Law Review 15:375-400.
    This Note examines whether, and at which stages, a criminal defendant should be permitted to offer genetic evidence of a predisposition to psychopathy. Drawing on multidisciplinary sources, including the work of legal scholars, neurobiologists, psychologists, and medical researchers, the Note discusses psychopathy, its symptoms, and how it is measured, along with the proposed genetic and environmental causes of the disorder. The Note then examines current evidence rules and trends in the admissibility of genetic evidence at the guilt/innocence phase (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. How to reach legitimate decisions when the procedure is controversial.Franz Dietrich - 2005 - Social Choice and Welfare 1 (24):363-393.
    Imagine a group that faces a decision problem but does not agree on which decision procedure is appropriate. In that case, can a decision be reached that respects the procedural concerns of the group? There is a sense in which legitimate decisions are possible even if people disagree on which procedure to use. I propose to decide in favour of an option which maximizes the number of persons whose judged-right procedure happens to entail this decision given the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Libertarian patriarchalism: Nudges, procedural roadblocks, and reproductive choice.Govind Persad - 2014 - Women’s Rights L. Rep 35:273--466.
    Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Normalisation and subformula property for a system of intuitionistic logic with general introduction and elimination rules.Nils Kürbis - 2021 - Synthese 199 (5-6):14223-14248.
    This paper studies a formalisation of intuitionistic logic by Negri and von Plato which has general introduction and elimination rules. The philosophical importance of the system is expounded. Definitions of ‘maximal formula’, ‘segment’ and ‘maximal segment’ suitable to the system are formulated and corresponding reduction procedures for maximal formulas and permutative reduction procedures for maximal segments given. Alternatives to the main method used are also considered. It is shown that deductions in the system convert into normal form and that (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  29. General representation of epistemically optimal procedures.Franz Dietrich - 2006 - Social Choice and Welfare 2 (26):263-283.
    Assuming that votes are independent, the epistemically optimal procedure in a binary collective choice problem is known to be a weighted supermajority rule with weights given by personal log-likelihood-ratios. It is shown here that an analogous result holds in a much more general model. Firstly, the result follows from a more basic principle than expected-utility maximisation, namely from an axiom (Epistemic Monotonicity) which requires neither utilities nor prior probabilities of the ‘correctness’ of alternatives. Secondly, a person’s input need not (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  30. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), Chapter 6, SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, pp. 113-153. University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  31. Rule Violations and Wrongdoings.R. A. Duff - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal law theory: doctrines of the general part. New York: Oxford University Press. pp. 47--74.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  32. Interpreting the Rules of the Game.C. Mantzavinos - 2007 - In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Nomos. pp. 16-30.
    After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Working Backwards with Copi's Inference Rules.Robert Allen - 1996 - American Philosophical Association Journal on Teaching Philosophy 95 (Spring):103-104.
    In their Introduction to Logic, Copi and Cohen suggest that students construct a formal proof by "working backwards from the conclusion by looking for some statement or statements from which it can be deduced and then trying to deduce those intermediate statements from the premises. What follows is an elaboration of this suggestion. I describe an almost mechanical procedure for determining from which statement(s) the conclusion can be deduced and the rules by which the required inferences can be (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Mitochondrial Replacement Techniques and Mexico’s Rule of Law: On the Legality of the First Maternal Spindle Transfer Case.César Palacios-González - 2017 - Journal of Law and the Biosciences 4 (1):50–69.
    News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  35. Normalisation and subformula property for a system of classical logic with Tarski’s rule.Nils Kürbis - 2021 - Archive for Mathematical Logic 61 (1):105-129.
    This paper considers a formalisation of classical logic using general introduction rules and general elimination rules. It proposes a definition of ‘maximal formula’, ‘segment’ and ‘maximal segment’ suitable to the system, and gives reduction procedures for them. It is then shown that deductions in the system convert into normal form, i.e. deductions that contain neither maximal formulas nor maximal segments, and that deductions in normal form satisfy the subformula property. Tarski’s Rule is treated as a general introduction rule (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  36. Protecting Tenants Without Preemption: How State and Local Governments Can Lessen the Impact of HUD's One-Strike Rule.Rob Van Someren Greve - 2017 - Georgetown Journal on Poverty Law and Policy 25 (1):135-167.
    Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Why Radical Democracy is Inconsistent with "Mob Rule".Walter Horn - 2021 - The Romanian Journal of Society and Politics 15 (1):7-22.
    The word “populism” commonly elicits images of hordes of angry townspeople with pitchforks and torches. That is the classic picture of “the mob,” bolstered by countless movie and television productions, and it is clearly based on such historical events as the English civil wars, the sans-culottes’ terror, the Bolshevik revolution, and the recent genocides in Rwanda and Burundi. Many of the leaders involved in fostering such horrors are seen as radical democrats whose successors today should also be feared. In this (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. A Frequentist Solution to Lindley & Phillips’ Stopping Rule Problem in Ecological Realm.Adam P. Kubiak - 2014 - Zagadnienia Naukoznawstwa 50 (200):135-145.
    In this paper I provide a frequentist philosophical-methodological solution for the stopping rule problem presented by Lindley & Phillips in 1976, which is settled in the ecological realm of testing koalas’ sex ratio. I deliver criteria for discerning a stopping rule, an evidence and a model that are epistemically more appropriate for testing the hypothesis of the case studied, by appealing to physical notion of probability and by analyzing the content of possible formulations of evidence, assumptions of models and meaning (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  39. RESEARCH HANDBOOK ON Plea Bargaining and Criminal Justice Edited by Maximo Langer. Mike McConville. Luke Marsh. [REVIEW]Sally Serena Ramage - 2024 - Criminal Lawyer 263:2-16.
    This book review begins with a historical overview of the English law of trial by jury and continues to the present topic of plea bargaining. It is both legal and philosophical in its outlook and it is hoped that those who take the time to study this book might find among the many topics at least one such topic of research that will sustain you through legal studies for some years to come. The reviewer makes no apologies for the length (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. The Curious Case of the Jury-shaped Hole: A Plea for Real Jury Research.Lewis Ross - forthcoming - International Journal of Evidence and Proof.
    Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  42. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. African Values and Human Rights as Two Sides of the Same Coin: Reply to Oyowe.Thaddeus Metz - 2014 - African Human Rights Law Journal 14 (2):306-21.
    In an article previously published in this Journal, Anthony Oyowe critically engages with my attempt to demonstrate how the human rights characteristic of South Africa’s Constitution can be grounded on a certain interpretation of Afro-communitarian values that are often associated with talk of ‘ubuntu’. Drawing on recurrent themes of human dignity and communal relationships in the sub-Saharan tradition, I have advanced a moral-philosophical principle that I argue entails and plausibly explains a wide array of individual rights to civil liberties, political (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  44. Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
    Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  45. Policing.Luke William Hunt - 2017 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer.
    This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.
    Download  
     
    Export citation  
     
    Bookmark  
  46. Excluding Evidence for Integrity's Sake.Jules Holroyd & Federico Picinali - 2021 - In Christian Dahlman, Alex Stein & Giovanni Tuzet (eds.), Philosophical Foundations of Evidence Law. New York, NY: Oxford University Press.
    In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this paper, we are particularly concerned with how the concept has been employed in relation to the problem of the admissibility of evidence obtained improperly. In conceptualising and addressing this problem, the advocates of integrity rely on it as a standard of conduct for the criminal justice authorities and as a necessary condition for (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. Compatibilism and Control over the Past: A New Argument Against Compatibilism.Philip Swenson - 2024 - Criminal Law and Philosophy 18 (1):201-215.
    Michael Moore’s recent book Mechanical Choices: The Responsibility of the Human Machine is full of rich, insightful discussion of many important issues related to free will and moral responsibility. I will focus on one particular issue raised by Moore: the question of whether we can have control over the past. Moore defends a compatibilist account of moral responsibility on which there are some possible cases in which agents do have such control. But Moore seeks to avoid positing too much control (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. Bail under Special Legislations.Deepa Kansra - 2019 - In Manoj Kr Sinha and Anuragdeep (ed.), Bail: Law and Practice in India. pp. 185-193.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. The mad, the bad, and the psychopath.Heidi L. Maibom - 2008 - Neuroethics 1 (3):167-184.
    It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do (...)
    Download  
     
    Export citation  
     
    Bookmark   40 citations  
  50. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 979