Evaluation of Evidence : Pre-Modern and Modern Approaches
Book Details
Format
Paperback / Softback
Book Series
ASCL Studies in Comparative Law
ISBN-10
1108739717
ISBN-13
9781108739719
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Feb 27th, 2020
Print length
160 Pages
Weight
246 grams
Dimensions
15.00 x 22.80 x 1.20 cms
Product Classification:
Comparative lawCriminal procedure: law of evidence
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For legal scholars as well as non-academic lawyers, this book deals with the question of whether the evaluation of evidence should be rule-free or rule-bound. Distinguishing positive and negative legal proof, it proposes that the latter will have a bright future in view of likely scientific and technological advances.
Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process? Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.
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