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Beyond Reasonable Doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; failure to do so entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer." In practice Because a defendant is presumed to be innocent, the prosecution has the burden of proving the defendant's guilt on every elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metacognition
Metacognition is an awareness of one's thought processes and an understanding of the patterns behind them. The term comes from the root word '' meta'', meaning "beyond", or "on top of".Metcalfe, J., & Shimamura, A. P. (1994). ''Metacognition: knowing about knowing''. Cambridge, MA: MIT Press. Metacognition can take many forms, such as reflecting on one's ways of thinking and knowing when and how to use particular strategies for problem-solving. There are generally two components of metacognition: (1) knowledge about cognition and (2) regulation of cognition. Metamemory, defined as knowing about memory and mnemonic strategies, is an especially important form of metacognition.Dunlosky, J. & Bjork, R. A. (Eds.). ''Handbook of Metamemory and Memory''. Psychology Press: New York, 2008. Academic research on metacognitive processing across cultures is in the early stages, but there are indications that further work may provide better outcomes in cross-cultural learning between teachers and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Critical Thinking
Critical thinking is the analysis of available facts, evidence, observations, and arguments to form a judgement. The subject is complex; several different definitions exist, which generally include the rational, skeptical, and unbiased analysis or evaluation of factual evidence. Critical thinking is self-directed, self-disciplined, self- monitored, and self- corrective thinking. It presupposes assent to rigorous standards of excellence and mindful command of their use. It entails effective communication and problem-solving abilities as well as a commitment to overcome native egocentrism and sociocentrism. History The earliest records of critical thinking are the teachings of Socrates recorded by Plato. These included a part in Plato's early dialogues, where Socrates engages with one or more interlocutors on the issue of ethics such as question whether it was right for Socrates to escape from prison. The philosopher considered and reflected on this question and came to the conc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shigemitsu Dandō
was a professor of the department of Social and Political sciences at the University of Tokyo, an academic researcher of criminology, and a Justice of the Supreme Court of Japan. Overviews Dandō was born in Yamaguchi, and raised in Okayama Prefecture. After graduating from the University of Tokyo Faculty of Law, he became an assistant professor at the same university at the age of 23. Under occupation after the second world war, he drafted the Code of Criminal Procedure. Upon leaving the university, he won an appointment to the Supreme Court. In 1975 he joined the ''Shiratori'' ruling, which applied the principle of "benefit of the doubt" to appeals of criminal convictions, beginning an important trend in criminal cases leading to findings of innocence on appeal. In a 1983 decision concerning Upper House seat distribution in the Diet, he argued for the minority that "disparity in ballot weight" between constituencies was unconstitutional. For these decisions he became known ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Dubio Pro Reo
The principle of ''in dubio pro reo'' (Latin for "henin doubt, rule for the accused") means that a defendant may not be convicted by the court when doubts about their guilt remain. The rule of lenity is the doctrine that ambiguity should be resolved in favor of the more lenient punishment. To resolve all doubts in favor of the accused is in consonance with the principle of presumption of innocence. Origin The main principle in the sentence was part of Aristotle's interpretation of the law and shaped the Roman law: ''Favorabiliores rei potius quam actores habentur'' ('' Digest'' of Justinian I, D.50.17.125), meaning "The condition of the defendant is to be favored rather than that of the plaintiff." However, the phrase was not spelled out word for word until the Milanese jurist Egidio Bossi (1487–1546) related it in his treatises. National peculiarities In German law, the principle is not normalized but has constitutional status and is derived from Article 103(2) of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Columbia Law Review
The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first editor-in-chief and secretary. The ''Columbia Law Review'' is one of four law reviews that publishes the ''Bluebook''. History The ''Columbia Law Review'' represents the school's third attempt at a student-run law periodical. In 1885, the ''Columbia Jurist'' was founded by a group of six students but ceased publication in 1887. Despite its short run, the ''Jurist'' is credited with partially inspiring the creation of the Harvard Law Review, which began publication a short time later. The second journal, the ''Columbia Law Times'' was founded in 1887 and closed down in 1893 due to lack of revenue. Publication of the current ''Columbia Law Review'' began in 1901, making it the fifth oldest surviving law revie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Winship
''In re Winship'', 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged."''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It established this burden in all cases in all states (constitutional case). The decision did not specify which facts constitute the charged crime. In an opinion authored by Justice Brennan, the Court held that when a juvenile is charged with an act that would be a crime if committed by an adult, every element of the offense must be proved beyond reasonable doubt, not preponderance of the evidence. The case has come to stand for a broader proposition, however: in a criminal prosecution, every essential element of the offense must be proved beyond reasonable doubt. See, e.g., ''Apprendi v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coffin V
A coffin is a funerary box used for viewing or keeping a corpse, either for burial or cremation. Sometimes referred to as a casket, any box in which the dead are buried is a coffin, and while a casket was originally regarded as a box for jewelry, use of the word "casket" in this sense began as a euphemism introduced by the undertaker's trade. A distinction is commonly drawn between "coffins" and "caskets", using "coffin" to refer to a tapered hexagonal or octagonal (also considered to be anthropoidal in shape) box and "casket" to refer to a rectangular box, often with a split lid used for viewing the deceased as seen in the picture. Receptacles for cremated and cremulated human ashes (sometimes called cremains) are called urns. Etymology First attested in English in 1380, the word ''coffin'' derives from the Old French , from Latin , which means ''basket'', which is the latinisation of the Greek κόφινος (''kophinos''), ''basket''. The earliest attested form of the word ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Jurisprudence
''American Jurisprudence'' (second edition is cited as Am. Jur. 2d) is an encyclopedia of the United States law, published by West. It was originated by Lawyers Cooperative Publishing, which was subsequently acquired by the Thomson Corporation. The series is now in its second edition, launched in 1962. It is a staple of law libraries, and the current edition is over 140 volumes, updated with replacement volumes, annual pocket supplements, and a New Topic Service binder. The discussion has extensive research references to other Thomson West publications, including sister publications ''Am. Jur. Trials, Am. Jur. Proof of Facts, Am. Jur. Pleading and Practice Forms,'' and ''Am. Jur. Legal Forms.'' Before Thomson's acquisition of West Publishing, it was a competitor to Corpus Juris Secundum. ''Am. Jur.'' is available online through both Westlaw, and LexisNexis. There is also an American Jurisprudence award in some law schools given to law school students for achieving the highest grad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Young (judge)
Sir William Gillow Gibbes Austen Young (born 14 April 1952) was a Supreme Court Judge, former President of the Court of Appeal of New Zealand, and, briefly, a judge of the Dubai International Financial Centre Courts. He was appointed to the Supreme Court by Attorney-General Chris Finlayson in June 2010, taking effect from 1 July. Early life, family, and early career Born in Christchurch on 14 April 1952, Young was educated at Christ's College, University of Canterbury (LLB (Hons) in 1974) and University of Cambridge (PhD) in the United Kingdom with a thesis ''Duress and abuse of inequality of bargaining position''. In 1979, he and his wife, Susan, were married, and they went on to have three children. After obtaining his PhD, Young worked in the Christchurch law firm R A Young Hunter & Co, before moving to the independent bar to become a barrister sole in 1988. Young was made a Queen's Counsel in 1991 and acted in several high-profile cases, including the Winebox Inquiry of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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