The Origins of Reasonable Doubt

The Origins of Reasonable Doubt
Title The Origins of Reasonable Doubt PDF eBook
Author James Q. Whitman
Publisher Yale University Press
Pages 286
Release 2008-01-01
Genre Law
ISBN 0300116004

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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Reasonable Doubts

Reasonable Doubts
Title Reasonable Doubts PDF eBook
Author Alan M. Dershowitz
Publisher Simon and Schuster
Pages 276
Release 1997-02-19
Genre Law
ISBN 068483264X

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One of America's leading appeal lawyers, Alan Dershowitz was the man chosen to prepare the appeal should O.J. Simpson have been convicted. Now Professor Dershowitz uses this case to examine the larger issues and to identify the social forces - media, money, gender, and race - that shape the criminal-justice system in America today. How could one of the longest trials in the history of America's judicial system produce a verdict after only hours of jury deliberation? Was this really a case of circumstantial evidence?

The Origins of Reasonable Doubt

The Origins of Reasonable Doubt
Title The Origins of Reasonable Doubt PDF eBook
Author James Q. Whitman
Publisher
Pages 276
Release 2008
Genre Burden of proof
ISBN 9780300150100

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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Unreasonable Doubt

Unreasonable Doubt
Title Unreasonable Doubt PDF eBook
Author Norma Thompson
Publisher Paul Dry Books
Pages 247
Release 2011
Genre Law
ISBN 1589880722

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"Part detective story, part social commentary, part intellectual autobiography, part philosophical analysis, this is a jury book unlike any other."—Anthony Kronman, Sterling Professor of Law and former Dean, Yale Law School "[Norma Thompson] teaches us, brilliantly and painlessly, why judging, as opposed to simply knowing, is an essential part of a responsible human existence, recounting the trials and crimes and moral dilemmas of antiquity and classical tradition in a stunningly original reading."—Abraham D. Sofaer, Senior Fellow, Hoover Institution, and former United States District Judge In 2001, Norma Thompson served on the jury in a murder trial in New Haven, Connecticut. In Unreasonable Doubt, Thompson dramatically depicts the jury's deliberations, which ended in a deadlock. As foreperson, she pondered the behavior of some of her fellow jurors that led to the trial's termination in a hung jury. Blending personal memoir, social analysis, and literary criticism, she addresses the evasion of judgment she witnessed during deliberations and relates that evasion to contemporary political, social, and legal affairs. She then assembles an imaginary jury of Tocqueville, Plato, and Jane Austen, among others, to show how the writings of these authors can help model responsible habits of deliberation.

Merchants of Doubt

Merchants of Doubt
Title Merchants of Doubt PDF eBook
Author Naomi Oreskes
Publisher A&C Black
Pages 368
Release 2011-10-03
Genre Technology & Engineering
ISBN 1408828774

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The U.S. scientific community has long led the world in research on such areas as public health, environmental science, and issues affecting quality of life. These scientists have produced landmark studies on the dangers of DDT, tobacco smoke, acid rain, and global warming. But at the same time, a small yet potent subset of this community leads the world in vehement denial of these dangers. Merchants of Doubt tells the story of how a loose-knit group of high-level scientists and scientific advisers, with deep connections in politics and industry, ran effective campaigns to mislead the public and deny well-established scientific knowledge over four decades. Remarkably, the same individuals surface repeatedly-some of the same figures who have claimed that the science of global warming is "not settled" denied the truth of studies linking smoking to lung cancer, coal smoke to acid rain, and CFCs to the ozone hole. "Doubt is our product," wrote one tobacco executive. These "experts" supplied it. Naomi Oreskes and Erik M. Conway, historians of science, roll back the rug on this dark corner of the American scientific community, showing how ideology and corporate interests, aided by a too-compliant media, have skewed public understanding of some of the most pressing issues of our era.

A Concise History of the Common Law

A Concise History of the Common Law
Title A Concise History of the Common Law PDF eBook
Author Theodore Frank Thomas Plucknett
Publisher The Lawbook Exchange, Ltd.
Pages 828
Release 2001
Genre Common law
ISBN 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Darwin's Doubt

Darwin's Doubt
Title Darwin's Doubt PDF eBook
Author Stephen C. Meyer
Publisher Harper Collins
Pages 605
Release 2013-06-18
Genre Science
ISBN 0062071491

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When Charles Darwin finished The Origin of Species, he thought that he had explained every clue, but one. Though his theory could explain many facts, Darwin knew that there was a significant event in the history of life that his theory did not explain. During this event, the “Cambrian explosion,” many animals suddenly appeared in the fossil record without apparent ancestors in earlier layers of rock. In Darwin’s Doubt, Stephen C. Meyer tells the story of the mystery surrounding this explosion of animal life—a mystery that has intensified, not only because the expected ancestors of these animals have not been found, but because scientists have learned more about what it takes to construct an animal. During the last half century, biologists have come to appreciate the central importance of biological information—stored in DNA and elsewhere in cells—to building animal forms. Expanding on the compelling case he presented in his last book, Signature in the Cell, Meyer argues that the origin of this information, as well as other mysterious features of the Cambrian event, are best explained by intelligent design, rather than purely undirected evolutionary processes.