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Marvin Free and Mitch Ruesink reveal the distinctive role that gender dynamics so often play in the miscarriage of justice. Examining more than 160 cases involving such charges as homicide, child abuse, and drug trafficking, the authors explore systemic failures in both policing and prosecution. They also highlight the intersecting roles of gender and race. Demonstrating how women encounter circumstances that are qualitatively different than those of men, they illuminate unique challenges facing women in the criminal justice system.
Judicial error --- Criminal justice, Administration of --- False imprisonment --- Women prisoners --- Prosecutorial misconduct --- Misconduct, Prosecutorial --- Legal ethics --- Prisoners --- Abuse of process --- Imprisonment, False --- Wrongful imprisonment --- Wrongful incarceration --- Imprisonment --- Malicious prosecution --- Offenses against the person --- Torts --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Justice, Administration of --- Trials
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Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.
Torts --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Philosophy.
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Businesses exist to provide goods and services to customers, and in doing so they take risks. Among these risks is the chance of losing money in lawsuits filed by customers, employees, and others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
Financial risk management. --- Damages. --- business dispute --- business liability --- economic damages --- economic model --- insurance claim --- lawsuit --- personal injury --- present value --- risk --- wrongful death
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A new perspective on the roles of psychopathology, confirmation bias, false confessions, the media and internet (amongst other causes) of unjust accusations. Putting lack of empathy at the fore in terms of police, prosecutors and others, it considers a wide range of other psychopathological aspects of miscarriages of justice.
Judicial error. --- Judicial error --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Criminal justice, Administration of --- Justice, Administration of --- Trials --- Psychological aspects.
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Torts --- Psychological aspects --- LAW / Torts. --- Psychological aspects. --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Torts - United States - Psychological aspects --- Etats-Unis
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China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years'imprisonment. In 2005, She's wife, presumed dead for over eleven years,'returned to life'; She was released from prison two weeks later, retried and found not guilty.With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.
S08/0350 --- S08/0620 --- Judicial error --- Criminal justice, Administration of --- Law - Africa, Asia, Pacific & Antarctica --- Law - Non-U.S --- Law, Politics & Government --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Justice, Administration of --- Trials --- China: Law and legislation--General works and codices: since 1949 --- China: Law and legislation--Criminal: since 1949
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An in depth and personal look into the lives of four people wrongfully imprisoned for crimes they didn't commit.
Judicial error. --- Judicial error --- Illinois. --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Criminal justice, Administration of --- Justice, Administration of --- Trials --- Estado de Illinois --- ʻIlinoe --- Ilinoi --- Ilinoĭs --- Ilinojso --- Ilīnūy --- Illinoi --- Illinoi-ju --- Illinoiju --- Illinois suyu --- Illinoys --- Illīnūy --- Politeia tou Ilinoi --- Shtat Ilinoĭs --- State of Illinois --- Tó Nitsaa Nílį́bąąh Hahoodzo --- Yî-li-nò --- Πολιτεία του Ιλινόι --- Ιλινόι --- Штат Ілінойс --- Илиной --- Илинойс --- Иллинойс --- Ілінойс --- אילינוי --- إلينوي --- 일리노이 --- 일리노이 주 --- 일리노이주 --- Illinois Territory
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The primary focus of this comparative and empirical work is to address wrongful convictions between China and common-law countries in order to promote a better understanding of wrongful convictions in China’s practice with the help of comparative analyses, verifiable and empirical data, and case studies. It examines the scope of wrongful convictions and offers new insights into the worldwide movement to prevent them, assesses how far it has progressed and what reforms are most needed. The book suggests that adversarial and inquisitorial systems alike could benefit from this research and learn valuable lessons from one another on how to effectively reduce the risk of wrongful convictions.
Law. --- Law --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Criminal Law. --- Fundamentals of Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Philosophy. --- Judicial error --- False imprisonment --- Criminal justice, Administration of --- Abuse of process --- Imprisonment, False --- Wrongful imprisonment --- Wrongful incarceration --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Imprisonment --- Malicious prosecution --- Offenses against the person --- Torts --- Justice, Administration of --- Trials --- Criminal Law and Criminal Procedure Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Law—Philosophy. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law
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Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
Torts. --- Liability (Law) --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Obligations (Law) --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Negligence --- Reasonable care (Law) --- Europe. --- Council of Europe countries --- Eastern Hemisphere --- Eurasia --- Tort Law.
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This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.
Proximate cause (Law) --- Causation (Criminal law) --- Liability (Law) --- Causation. --- Torts. --- Damages. --- Damages --- Injuries (Law) --- Measure of damages --- Accident law --- Compensation (Law) --- Obligations (Law) --- Personal injuries --- Set-off and counterclaim --- Torts --- Negligence --- Civil wrongs --- Delicts --- Quasi delicts --- Wrongful acts --- Actions and defenses --- Reasonable care (Law) --- Causality --- Cause and effect --- Effect and cause --- Final cause --- Beginning --- God --- Metaphysics --- Philosophy --- Necessity (Philosophy) --- Teleology --- Accountability --- Legal responsibility --- Responsibility, Legal --- Responsibility (Law) --- Civil law --- Contracts --- Causa (Criminal law) --- Causality (Criminal law) --- Criminal law --- Criminal liability --- Cause, Proximate --- Causation --- Law and legislation --- Royaume-Uni --- Etats-Unis --- Espagne --- France --- Autriche --- Droit médical
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