Pub Date : 2021-06-16DOI: 10.46692/9781529203202.007
T. Hillier, Gavin Dingwall
Chapter 6 explores trial narrative and considers the extent to which narrative is used to make sense of the world. Prosecutors are charged with determining whether there is a realistic chance that the evidence will lead to the suspect’s conviction. The evidence has to provide a compelling story because people make sense of the world and of events through narrative. Police and prosecutors are therefore engaged in a process of case construction whilst the advocate’s skill is in presenting the evidence in a way which is coherent and compelling. The centrality of story-telling challenges notions of the trial as a rational and scientific process and the implications of this to the search for truth will be analysed.
{"title":"Decisions and Narratives: Factfinding and Case Construction","authors":"T. Hillier, Gavin Dingwall","doi":"10.46692/9781529203202.007","DOIUrl":"https://doi.org/10.46692/9781529203202.007","url":null,"abstract":"Chapter 6 explores trial narrative and considers the extent to which narrative is used to make sense of the world. Prosecutors are charged with determining whether there is a realistic chance that the evidence will lead to the suspect’s conviction. The evidence has to provide a compelling story because people make sense of the world and of events through narrative. Police and prosecutors are therefore engaged in a process of case construction whilst the advocate’s skill is in presenting the evidence in a way which is coherent and compelling. The centrality of story-telling challenges notions of the trial as a rational and scientific process and the implications of this to the search for truth will be analysed.","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114963328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Earlier Chapters question whether traditional modes of adjudication are able to capture the reality of a criminal event. This is one of several concerns that have led theorists and activists to seek alternatives to the orthodox criminal justice system; most notably, there is an increasing use of restorative justice schemes at the domestic and international level. After considering definitional issues, the Chapter will outline the main claims made by exponents of restorative justice and review empirical evidence which is broadly supportive. The conclusion reviews the implications of adopting a restorative approach for truth-finding in criminal cases.
{"title":"Restoration, Reconciliation and Reconceptualizing Justice","authors":"T. Hillier, Gavin Dingwall","doi":"10.2307/j.ctv1qp9gjw.12","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.12","url":null,"abstract":"Earlier Chapters question whether traditional modes of adjudication are able to capture the reality of a criminal event. This is one of several concerns that have led theorists and activists to seek alternatives to the orthodox criminal justice system; most notably, there is an increasing use of restorative justice schemes at the domestic and international level. After considering definitional issues, the Chapter will outline the main claims made by exponents of restorative justice and review empirical evidence which is broadly supportive. The conclusion reviews the implications of adopting a restorative approach for truth-finding in criminal cases.","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131619194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Seven Investment Management LLP is authorised and regulated by the Financial Conduct Authority and by the Jersey Financial Services Commission. Member of the London Stock Exchange. Registered office: 55 Bishopsgate, London EC2N 3AS. Registered in England and Wales number OC378740. Our definition of a good investment is one that delivers what it sets out to do. In our case, this is the expected return and expected volatility (measured as standard deviation) that we are aiming for.
Seven Investment Management LLP由金融行为监管局和泽西岛金融服务委员会授权和监管。伦敦证券交易所会员。注册办事处:55 Bishopsgate, London EC2N 3AS。注册在英格兰和威尔士号码OC378740。我们对好的投资的定义是，它能实现它设定的目标。在我们的例子中，这是我们所追求的预期收益和预期波动(以标准偏差衡量)。
{"title":"The Truth, the Whole Truth and Nothing but the Truth:","authors":"Rhoda Broughton","doi":"10.2307/j.ctv1qp9gjw.13","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.13","url":null,"abstract":"Seven Investment Management LLP is authorised and regulated by the Financial Conduct Authority and by the Jersey Financial Services Commission. Member of the London Stock Exchange. Registered office: 55 Bishopsgate, London EC2N 3AS. Registered in England and Wales number OC378740. Our definition of a good investment is one that delivers what it sets out to do. In our case, this is the expected return and expected volatility (measured as standard deviation) that we are aiming for.","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115715165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Questions of fact remain vital after a determination or admission of guilt. An initial task is to decide precisely what the offender has admitted to? ‘Negotiated justice’ may be a more explicit process in other jurisdiction, but serious charges are sometimes dropped in England and Wales where a willingness to admit guilt to a lesser charge is made known. This has the effect of distorting the reality of the event by minimising its seriousness. English law (generally) requires proportionality between the seriousness of the offence and the resultant punishment. Misrepresenting the truth of the criminal event leads to an unmerited punishment. Sentencers in England and Wales must follow sentencing guidelines which specify factors of relevance. The Chapter concludes with an assessment of how this process prescribes factual relevance at the sentencing stage.
{"title":"Truth, Sentencing and Punishment","authors":"T. Hillier, Gavin Dingwall","doi":"10.2307/j.ctv1qp9gjw.11","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.11","url":null,"abstract":"Questions of fact remain vital after a determination or admission of guilt. An initial task is to decide precisely what the offender has admitted to? ‘Negotiated justice’ may be a more explicit process in other jurisdiction, but serious charges are sometimes dropped in England and Wales where a willingness to admit guilt to a lesser charge is made known. This has the effect of distorting the reality of the event by minimising its seriousness. English law (generally) requires proportionality between the seriousness of the offence and the resultant punishment. Misrepresenting the truth of the criminal event leads to an unmerited punishment. Sentencers in England and Wales must follow sentencing guidelines which specify factors of relevance. The Chapter concludes with an assessment of how this process prescribes factual relevance at the sentencing stage.","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115296694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Index","authors":"","doi":"10.2307/j.ctv1qp9gjw.16","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.16","url":null,"abstract":"","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114536726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-16DOI: 10.1163/1877-5888_rpp_com_025454
S. Shore
{"title":"Witness Testimony","authors":"S. Shore","doi":"10.1163/1877-5888_rpp_com_025454","DOIUrl":"https://doi.org/10.1163/1877-5888_rpp_com_025454","url":null,"abstract":"","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129710325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-16DOI: 10.1332/policypress/9781529203189.003.0004
T. Hillier, Gavin Dingwall
Chapter 4 turns to witness reliability. Juries attach great weight to testimony and yet witness’s accounts can be highly unreliable. An initial concern is that demeanour may give an unjustified impression of accuracy. The law also limits the situations where witnesses can present hearsay evidence – on the basis that it cannot be adequately tested – and the Chapter will review the exceptions to this rule and ask whether they compromise establishing the truth. Identification evidence is notoriously fallible and, it has been suggested, leads to a high proportion of miscarriages of justice. This links more generally into issues of memory; of how facts are processed at times of stress, and of how they are subsequently recalled in another stressful environment.
{"title":"Witness Testimony","authors":"T. Hillier, Gavin Dingwall","doi":"10.1332/policypress/9781529203189.003.0004","DOIUrl":"https://doi.org/10.1332/policypress/9781529203189.003.0004","url":null,"abstract":"Chapter 4 turns to witness reliability. Juries attach great weight to testimony and yet witness’s accounts can be highly unreliable. An initial concern is that demeanour may give an unjustified impression of accuracy. The law also limits the situations where witnesses can present hearsay evidence – on the basis that it cannot be adequately tested – and the Chapter will review the exceptions to this rule and ask whether they compromise establishing the truth. Identification evidence is notoriously fallible and, it has been suggested, leads to a high proportion of miscarriages of justice. This links more generally into issues of memory; of how facts are processed at times of stress, and of how they are subsequently recalled in another stressful environment.","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128950170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Truth and the Criminal Trial:","authors":"","doi":"10.2307/j.ctv1qp9gjw.10","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.10","url":null,"abstract":"","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130709186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Back Matter","authors":"","doi":"10.2307/j.ctv1qp9gjw.17","DOIUrl":"https://doi.org/10.2307/j.ctv1qp9gjw.17","url":null,"abstract":"","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131900672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-16DOI: 10.1163/EJ.9781571053565.I-758.74
H. Kalimo
This section of this book E-Cycling: Linking Trade and Environmental Law in the EC and the U.S. contains a list of cases argued in the court of justice of the European communities, opinions of advocate generals to the court of justice of the European communities, the European court of first instance, the Supreme Court of the United States, and federal appellate courts. The book explores the intricate relationship between contemporary environmental and trade law and policy through the example of electronics recycling.Keywords: environmental law; federal appellate courts; United States
{"title":"List of Cases","authors":"H. Kalimo","doi":"10.1163/EJ.9781571053565.I-758.74","DOIUrl":"https://doi.org/10.1163/EJ.9781571053565.I-758.74","url":null,"abstract":"This section of this book E-Cycling: Linking Trade and Environmental Law in the EC and the U.S. contains a list of cases argued in the court of justice of the European communities, opinions of advocate generals to the court of justice of the European communities, the European court of first instance, the Supreme Court of the United States, and federal appellate courts. The book explores the intricate relationship between contemporary environmental and trade law and policy through the example of electronics recycling.Keywords: environmental law; federal appellate courts; United States","PeriodicalId":121141,"journal":{"name":"Criminal Justice and the Pursuit of Truth","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131970324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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