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The Origins of Reasonable Doubt

- Theological Roots of the Criminal Trial
Af: James Q. Whitman Engelsk Paperback

The Origins of Reasonable Doubt

- Theological Roots of the Criminal Trial
Af: James Q. Whitman Engelsk Paperback
Tjek vores konkurrenters priser
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.  The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.  
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.  The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.  
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Produktdetaljer
Sprog: Engelsk
Sider: 288
ISBN-13: 9780300219906
Indbinding: Paperback
Udgave:
ISBN-10: 0300219903
Kategori: Retssystemer
Udg. Dato: 23 feb 2016
Længde: 20mm
Bredde: 235mm
Højde: 157mm
Forlag: Yale University Press
Oplagsdato: 23 feb 2016
Forfatter(e): James Q. Whitman
Forfatter(e) James Q. Whitman

Kategori Retssystemer

ISBN-13 9780300219906

Sprog Engelsk

Indbinding Paperback

Sider 288

Udgave

Længde 20mm

Bredde 235mm

Højde 157mm

Udg. Dato 23 feb 2016

Oplagsdato 23 feb 2016

Forlag Yale University Press