Analysis of EvidenceCambridge University Press, 2005 M07 11 This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding. |
Contents
some food for thought | 1 |
2 Fact investigation and the nature of evidence | 46 |
3 Principles of proof | 78 |
4 Methods of analysis | 112 |
5 The chart method | 123 |
6 Outlines chronologies and narrative | 145 |
anatomy of a cause célèbre | 159 |
8 Evaluating evidence | 224 |
9 Probabilities weight and probative force | 246 |
generalizations and stories in argumentation about facts | 262 |
11 The principles of proof and the law of evidence | 289 |
12 The trial lawyers standpoint | 315 |
Glossary of terms and symbols | 379 |
388 | |
396 | |
Common terms and phrases
abductive reasoning Able act that caused admissibility Amana appliances analyzing argument asked assessing autoptic proference baby belief Bywaters cesium Chapter chart method child context counsel court credibility crime criminal cross-examination darlint death decision defense developed dirty bomb disputed Edith evaluation event evidential data example exhibit fact of consequence Happy Valley husband hypothesis identify improper prejudicial effects indictment inference inferential involved issue James Dale Warren judge judgment jury law of evidence lawyer letter logic method of analysis Morrison murder necessary Nocona Nottaway River O. J. Simpson opponent’s p.m. on January penultimate probanda person Philip Dawid police possible present principles of proof probabilistic probability probative force propositions prosecution proved rules of evidence Sacco Sacco and Vanzetti standpoint statement story testify testimonial assertion theory Thompson told trial book trier of fact ultimate probandum Wigmore Wigmorean witness Y’s house Yeading