Read e-book online A Theory of the Trial. PDF

Legal Theory Systems

By Robert P. Burns

ISBN-10: 0691007276

ISBN-13: 9780691007274

ISBN-10: 1400811155

ISBN-13: 9781400811151

Anyone who has sat on a jury or a high-profile trial on tv frequently involves the conclusion trial, fairly a felony trial, is known as a functionality. Verdicts look made up our minds as a lot during which legal professional can most sensible hook up with the hearts and minds of the jurors as through what the proof may recommend. during this occasion of the yank trial as a superb cultural fulfillment, Robert Burns, an ordeal attorney and a knowledgeable thinker, explores how those felony complaints result in justice. The trial, he reminds us, isn't limited to the neutral program of felony principles to actual findings. Burns depicts the trial as an establishment applying its personal language and forms of functionality that increase the certainty of decision-makers, bringing them involved with ethical resources past the bounds of law.

Burns explores the wealthy narrative constitution of the trial, starting with the legal professionals' commencing statements, which determine opposing ethical frameworks during which to interpret the facts. within the succession of witnesses, tales compete and are held in pressure. at some point soon through the functionality, a feeling of the perfect factor to do arises one of the jurors. How this occurs is on the middle of Burns's research, which pulls on cautious descriptions of what trial attorneys do, the foundations governing their activities, interpretations of exact trial fabric, social technology findings, and a huge philosophical and political appreciation of the trial as a special car of yank self-government.

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30 The law of evidence seeks to ensure that the material from which the jury builds up its value-free narrative of what occurred is reliable. Constructing a version of what happened from unreliable evidence would threaten the Rule of Law by reducing the accuracy of fact-finding. Thus exhibits must be “authenticated”;31 only the originals of documents may be presented;32 and witnesses may not report the hearsay assertions of 27 John Rawls, “Two Concepts of Rules,” Philosophical Review 64 (1955): 3–32.

3 The juror performs his or her task only after 1 Giambattista Vico, On the Study Methods of Our Time, trans. Elio Gianturco (Indianapolis, Bobbs-Merrill, 1965), 35. 2 Karl Llewellyn, “My Philosophy of Law,” in My Philosophy of Law, ed. A. Kocourek (Boston: Boston Law Books, 1941), 181, 188. 3 As I suggested above, this encounter will be fundamentally misunderstood if the evidence is viewed as the “stimulus” that “causes” certain behaviors on the part of the jury. Such a view may provide a methodological postulate for research programs that may prove fruitful.

Of course, in both criminal and civil cases the jury has constitutional status reflected in the Fifth, Sixth, and Seventh Amendments. The extent to which that status limits judicial control of verdicts is a very complex matter. See Galloway v. S. 372, 391 (1943); Frank W. ” Yale Law Journal 24 (1914): 127. EPS that evidence is reliable and is ready for easy imprint by the legal norms alone. The law of materiality requires that every piece of evidence be justified by a link to those same norms and will keep from the jury even material evidence that too strongly invokes other moral and political values, even implicitly.

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A Theory of the Trial. by Robert P. Burns

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