Adversarial Case-Making

Adversarial Case-Making
Author: Thomas Scheffer
Publisher: BRILL
Total Pages: 326
Release: 2010-09-24
Genre: Social Science
ISBN: 9004187502

Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.

Adversarial Legalism

Adversarial Legalism
Author: Robert A. KAGAN
Publisher: Harvard University Press
Total Pages: 353
Release: 2009-06-30
Genre: Law
ISBN: 0674039270

Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.

Interpretable Machine Learning

Interpretable Machine Learning
Author: Christoph Molnar
Publisher: Lulu.com
Total Pages: 320
Release: 2020
Genre: Computers
ISBN: 0244768528

This book is about making machine learning models and their decisions interpretable. After exploring the concepts of interpretability, you will learn about simple, interpretable models such as decision trees, decision rules and linear regression. Later chapters focus on general model-agnostic methods for interpreting black box models like feature importance and accumulated local effects and explaining individual predictions with Shapley values and LIME. All interpretation methods are explained in depth and discussed critically. How do they work under the hood? What are their strengths and weaknesses? How can their outputs be interpreted? This book will enable you to select and correctly apply the interpretation method that is most suitable for your machine learning project.

Obstacles to Fairness in Criminal Proceedings

Obstacles to Fairness in Criminal Proceedings
Author: John D Jackson
Publisher: Bloomsbury Publishing
Total Pages: 400
Release: 2018-03-22
Genre: Law
ISBN: 1782258361

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

Administrative Justice and Asylum Appeals

Administrative Justice and Asylum Appeals
Author: Robert Thomas
Publisher: Bloomsbury Publishing
Total Pages: 236
Release: 2011-01-18
Genre: Law
ISBN: 1847317723

FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.

How Judges Judge

How Judges Judge
Author: Brian M. Barry
Publisher: Taylor & Francis
Total Pages: 296
Release: 2020-11-26
Genre: Law
ISBN: 0429659938

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Adversarial Risk Analysis

Adversarial Risk Analysis
Author: David L. Banks
Publisher: CRC Press
Total Pages: 220
Release: 2015-06-30
Genre: Business & Economics
ISBN: 1498712401

Winner of the 2017 De Groot Prize awarded by the International Society for Bayesian Analysis (ISBA)A relatively new area of research, adversarial risk analysis (ARA) informs decision making when there are intelligent opponents and uncertain outcomes. Adversarial Risk Analysis develops methods for allocating defensive or offensive resources against

Evidence Law for Legal Assistants

Evidence Law for Legal Assistants
Author: Neal R. Bevans
Publisher: Aspen Publishing
Total Pages: 360
Release: 2023
Genre: Evidence (Law)
ISBN:

"Introductory book on Evidence law for paralegal students"--

Social Worlds of Sentencing

Social Worlds of Sentencing
Author: Jeffery T. Ulmer
Publisher: State University of New York Press
Total Pages: 250
Release: 1997-07-31
Genre: Social Science
ISBN: 1438422539

Many states and the federal system have embraced sentencing guidelines as a mechanism of sentencing reform. This book draws from interactionist theories of organizations, and James Eisenstein's depiction of courts as communities, to frame an investigation of sentencing disparity, case processing, and organizational relations under Pennsylvania's sentencing guidelines. The author provides a statistical analysis of statewide sentencing outcomes and a comparative statistical and ethnographic analysis of three different-sized county courts. The statistical data show that the major influences on sentencing are legally prescribed ones, but that factors such as conviction by trial, race and gender, and court size are also significant. Ethnographic data illuminate processes behind the statistics by connecting court organizational contexts to case processing strategies, and these strategies to sentencing outcomes. The book concludes with twelve general propositions for future research, discussing possibilities and limitations of sentencing guidelines, and addressing broader issues in the sociology of crime, law, and organizations.