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Full-Text Articles in Law
Probability, Policy And The Problem Of Reference Class, Robert J. Rhee
Probability, Policy And The Problem Of Reference Class, Robert J. Rhee
Robert Rhee
This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a proportion is derived. Probability assessments change with the reference class. If a proposition is subject to proportional comparison against two or more different references, their selection is often an inductive process. The advantage of objectivity and methodological rigor is illusory. A legal dispute is the search for a plausible understanding of the truth, and an overtly mathematized …
The Death Of The American Trial, Robert Burns
The Death Of The American Trial, Robert Burns
Robert P. Burns
This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.
Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala
Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala
John F. Nivala
No abstract provided.
Neuroscience, Law & Government: Foreword To The Symposium, Jane Moriarty
Neuroscience, Law & Government: Foreword To The Symposium, Jane Moriarty
Jane Campbell Moriarty
The legal and legislative systems have begun to rely on neuroscience in various types of decision-making. Without question, the relationship between the disciplines will become more enmeshed as more data is generated by neuroscientists. Are we ready for this potential sea change that will be both rich and strange?
Visions Of Deception: Neuroimaging And The Search For Evidential Truth, Jane Moriarty
Visions Of Deception: Neuroimaging And The Search For Evidential Truth, Jane Moriarty
Jane Campbell Moriarty
The use of science in the search for truth poses consistent evidentiary problems of definition, causation, validity, accuracy, inferential conclusions unsupported by data, and real-world complications. And these evidentiary problems may well be implicated in the forensic use of neuroimages of deception. This article first briefly describes the various types of neuroimaging used to detect deception and describes some of the specific criticisms that have been leveled at the science. Second, the article outlines the standards governing admissibility and explains why the research to date does not yet meet any recognized standards of admissibility. Third, and finally, the article suggests …