Search results for 'right to trial by jury' (try it on Scholar)

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  1. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.score: 2823.0
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are (...)
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  2. Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.score: 2340.0
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it (...)
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  3. John F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.score: 1950.0
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  4. Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.score: 1146.0
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. (...)
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  5. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 986.4
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  6. Peter Bachrach (1958). The Senate Debate on the Right to Jury Trial Versus the Right to Vote Controversy: A Case Study in Liberal Thought. Ethics 68 (3):210-216.score: 984.0
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  7. Mirko Bagaric (2010). The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even 'Down Under'. Criminal Law and Philosophy 4 (3):321-339.score: 983.6
    Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system (...)
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  8. Richard L. Lippke (2008). To Waive or Not to Waive: The Right to Trial and Plea Bargaining. [REVIEW] Criminal Law and Philosophy 2 (2):181-199.score: 691.2
    Criminal defendants in many countries are faced with a dilemma: If they waive their right to trial and plead guilty, they typically receive charge or sentence reductions in exchange for having done so. If they exercise their right to trial and are found guilty, they often receive stiffer sanctions than if they had pled guilty. I characterize the former as ‘waiver rewards’ and the latter as ‘non-waiver penalties.’ After clarifying the two and considering the relation between (...)
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  9. A. Kolossa, T. Fingscheidt, K. Wessel & B. Kopp (2011). A Model-Based Approach to Trial-by-Trial P300 Amplitude Fluctuations. Frontiers in Human Neuroscience 6:359-359.score: 534.6
    It has long been recognized that the amplitude of the P300 component of event–related brain potentials is sensitive to the degree to which eliciting stimuli are surprising to the observers (Donchin, 1981). While Squires et al. (1976) showed and modeled dependencies of P300 amplitudes from observed stimuli on various time scales, Mars et al. (2008) proposed a computational model keeping track of stimulus probabilities on a long–term time scale. We suggest here a computational model which integrates prior information with short–term, (...)
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  10. R. D. Ogden, W. K. Hamilton & C. Whitcher (2010). Assisted Suicide by Oxygen Deprivation with Helium at a Swiss Right-to-Die Organisation. Journal of Medical Ethics 36 (3):174-179.score: 507.6
    Background In Switzerland, right-to-die organisations assist their members with suicide by lethal drugs, usually barbiturates. One organisation, Dignitas, has experimented with oxygen deprivation as an alternative to sodium pentobarbital. Objective To analyse the process of assisted suicide by oxygen deprivation with helium and a common face mask and reservoir bag. Method This study examined four cases of assisted suicide by oxygen deprivation using helium delivered via a face mask. Videos of the deaths were provided by the Zurich police. Dignitas (...)
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  11. S. Fischer, C. A. Huber, L. Imhof, R. Mahrer Imhof, M. Furter, S. J. Ziegler & G. Bosshard (2008). Suicide Assisted by Two Swiss Right-to-Die Organisations. Journal of Medical Ethics 34 (11):810-814.score: 507.6
    Background: In Switzerland, non-medical right-to-die organisations such as Exit Deutsche Schweiz and Dignitas offer suicide assistance to members suffering from incurable diseases. Objectives: First, to determine whether differences exist between the members who received assistance in suicide from Exit Deutsche Schweiz and Dignitas. Second, to investigate whether the practices of Exit Deutsche Schweiz have changed since the 1990s. Methods: This study analysed all cases of assisted suicide facilitated by Exit Deutsche Schweiz (E) and Dignitas (D) between 2001 and 2004 (...)
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  12. Allen Wood (2011). Kant and the Right to Lie. Reviewed Essay: On a Supposed Right to Lie From Philanthropy, by Inmanuel Kant (1797). Eidos 15:96-117.score: 507.6
    Kant’s strict views on lying have been regularly cited as a reason for thinking there is something fundamentally wrong with Kantian ethics. Some of Kant’s statements here seem so excessive that most Kantians who have dealt with the topic have tried to distance themselves from them, usually claiming that they do not (or need not) follow from Kant’s own principles. In this chapter, I will do a little of that, partly by questioning whether the famous example of the “murderer at (...)
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  13. Steven R. Smith (2012). Neuroscience, Ethics and Legal Responsibility: The Problem of the Insanity Defense. Science and Engineering Ethics 18 (3):475-481.score: 492.0
    The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. “Not guilty by reason of insanity” generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in (...)
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  14. Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.score: 468.8
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal (...)
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  15. Elizabeth Ashford (2007). The Duties Imposed by the Human Right to Basic Necessities. In Thomas Pogge (ed.), Freedom From Poverty as a Human Right: Who Owes What to the Very Poor? Co-Published with Unesco. Oup Oxford.score: 459.0
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  16. M. Chahal (2010). Off-Trial Access to Experimental Cancer Agents for the Terminally Ill: Balancing the Needs of Individuals and Society. Journal of Medical Ethics 36 (6):367-370.score: 436.8
    The development of cancer therapies is a long and arduous process. Because it can take several years for a cancer agent to pass clinical testing and be approved for use, terminal cancer patients rarely have the time to see these experimental therapies become widely available. For most terminal cancer patients the only opportunity they have to access an experimental drug that could potentially improve their prognosis is by joining a clinical trial. Unfortunately, several aspects of clinical trial methodology (...)
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  17. Peter Milward (2013). Thomas More's Trial by Jury. Edited by Henry Ansgar Kelly , Louis W. Karlin & Gerard B. Wegemer . Pp. Xix, 240, Woodbridge, Suffolk, The Boydell Press, 2011, £55.00. [REVIEW] Heythrop Journal 54 (3):484-484.score: 432.0
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  18. Amy L. Peikoff (forthcoming). Book Note on Natural Rights and the Right to Choose by Hadley Arkes. Ethics.score: 432.0
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  19. Hugo Adam Bedau (1977). The Right to Die by Firing Squad. Hastings Center Report 7 (1):5-7.score: 432.0
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  20. P. Baelz (1977). The Right to Strike by the Caring Professions. Journal of Medical Ethics 3 (3):150-150.score: 432.0
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  21. Lord Devlin (1986). Trial by Jury for Fraud. Oxford Journal of Legal Studies 6 (3):311-321.score: 432.0
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  22. Maurice R. Holloway (1965). "Conscience and Its Right to Freedom," by Eric D'Arcy. Modern Schoolman 42 (3):325-326.score: 432.0
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  23. C. L. Kellenberg (1957). The Right to Life by A. Delafield Smith. Chapel Hill: The University of North Carolina Press, 1955. Pp. XI, 204. $3.50. American Journal of Jurisprudence 2 (1):153-156.score: 432.0
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  24. S. Margel (2000). Mendacium-Est-Fabula'or the Right to Lie by Avowing Innocence-JJ Rousseau, From The'4th Promenade'to the Epigraph of the'Confessions. Archives de Philosophie 63 (1):5-29.score: 432.0
     
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  25. U. Schueklenk (1997). Neugeborene Und Das Recht Auf Leben [Newborns and the Right to Life] by Norbert Hoerster. Bioethics-Oxford- 11:170-171.score: 432.0
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  26. Andreas Frewer (2010). Human Rights From the Nuremberg Doctors Trial to the Geneva Declaration. Persons and Institutions in Medical Ethics and History. Medicine, Health Care and Philosophy 13 (3):259-268.score: 426.0
    The “Universal Declaration of Human Rights” and the “Geneva Declaration” by the World Medical Association, both in 1948, were preceded by the foundation of the United Nations in New York (1945), the World Medical Association in London (1946) and the World Health Organization in Geneva (1948). After the end of World War II the community of nations strove to achieve and sustain their primary goals of peace and security, as well as their basic premise, namely the health of human beings. (...)
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  27. Jill Gordon (1995). By Any Means Necessary: John Locke and Malcolm X on the Right to Revolution. Journal of Social Philosophy 26 (1):53-85.score: 423.0
  28. John W. Lango (2010). Renegotiation of the Just War Tradition and the Right to War in the Twenty-First Century - by Cian O'Driscoll. Ethics and International Affairs 24 (2):219-220.score: 423.0
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  29. Jack Reynolds (2005). Jacques Derrida, Eyes of the University: Right to Philosophy 2 Reviewed By. Philosophy in Review 25 (5):343-346.score: 423.0
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  30. William J. Talbott (2013). Forst , Rainer . The Right to Justification: Elements of a Constructivist Theory of Justice . Translated by Jeffrey Flynn. New York: Columbia University Press, 2012. Pp. X+351. $45.00 (Cloth). [REVIEW] Ethics 123 (4):750-755.score: 423.0
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  31. Anthony Egan (2012). Sacred Choices: The Right to Contraception and Abortion in Ten World Religions. By Daniel C. Maguire. Pp. Viii, 160, Minneapolis, Fortress Press, 2001, $5.95. [REVIEW] Heythrop Journal 53 (5):883-884.score: 423.0
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  32. Monique A. Spillman & Robert M. Sade (2007). Clinical Trials of Xenotransplantation: Waiver of the Right to Withdraw From a Clinical Trial Should Be Required. Journal of Law, Medicine and Ethics 35 (2):265-272.score: 423.0
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  33. Lawrence C. Becker (1982). LJ Macfarlane, The Right to Strike Reviewed By. Philosophy in Review 2 (2/3):116-116.score: 423.0
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  34. Amélie Oksenberg Rorty (forthcoming). From Decency to Civility by Way of Economics:" First Let's Eat and Then Talk of Right and Wrong". Social Research.score: 423.0
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  35. Douglas Sylva & Susan Yoshihara (2007). Rights by Stealth: The Role of UN Human Rights Treaty Bodies in the Campaign for an International Right to Abortion. The National Catholic Bioethics Quarterly 7 (1):97-128.score: 423.0
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  36. L. Duane Willard (1980). Scarce Medical Resources and the Right to Refuse Selection by Artificial Chance. Journal of Medicine and Philosophy 5 (3):225-229.score: 423.0
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  37. Bruno Estigarribia (2010). Facilitation by Variation: Right‐to‐Left Learning of English Yes/No Questions. Cognitive Science 34 (1):68-93.score: 423.0
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  38. Aída Hurtado (2005). As Awful as It is to Say, It has Become Trite to Mark All Events in Our Lives by ''Before and After September 11, 2001.''The Crumbling of the New York City's Twin Towers Signified the End of Innocence and the Sense of This Nation's Childlike Belief in its Invulnerability. Political Pundits, Academics, and Public Intellectuals, Re-Gardless of Political Persuasion, Embraced This Nation's Right to Defend Itself and Many Brought Out Their Flags and Proudly Displayed Them on Their Windows, SUVs. [REVIEW] In Marilyn Friedman (ed.), Women and Citizenship. Oup Usa. 111.score: 423.0
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  39. Henry S. Richardson (2012). The Right to Justification: Elements of a Constructivist Theory of Justice, Forst, Trans. Flynn (New York: Columbia University Press, 2012; Originally Published in German by Suhrkamp, 2007), 368 Pp., $40 Cloth. [REVIEW] Ethics and International Affairs 26 (4):483-486.score: 423.0
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  40. Mark H. Waymack (1989). James E. Thornton and Earl R. Winkler, Eds., Ethics and Aging: The Right to Live, The Right to Die Reviewed By. Philosophy in Review 9 (8):336-338.score: 423.0
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  41. Mark R. Wicclair (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial. Business and Professional Ethics Journal 4 (2):1-14.score: 423.0
  42. Mark R. Wicclair & Richard P. Cunningham (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? [With Commentary]. Business and Professional Ethics Journal 4 (2):1 - 17.score: 423.0
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  43. Oksenberg Rorty Amelie (1997). From Decency to Civility by Way of Economics:'First Let's Eat and Then Talk of Right and Wrong'. Social Research 64 (1).score: 423.0
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  44. Susanne Fischer, C. A. Huber, L. Imhof, R. Mahrer Imhof, M. Furter, Stephen J. Ziegler & G. Bosshard (2008). Suicide Assisted by Two Swiss Right-to-Die Organisations. Journal of Medical Ethics 34 (11):810-814.score: 423.0
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  45. Glenn Griener (1987). AB Downing and Barbara Smoker, Eds., Voluntary Euthanasia: Experts Debate the Right to Die Reviewed By. Philosophy in Review 7 (10):396-403.score: 423.0
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  46. Deborah Kellie & Helen O'Sullivan (2003). Ethical or Amoral? Is an Unqualified Right to Silence at Trial Defensible From an Ethical Perspective. Legal Ethics 6 (1):73-84.score: 423.0
  47. Paul Langham (1992). Arthur S. Berger and Joyce Berger, Eds., To Die Or Not To Die: Cross-Disciplinary, Cultural and Legal Perspectives On The Right To Choose Death Reviewed By. [REVIEW] Philosophy in Review 12 (3):159-161.score: 423.0
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  48. Norman Quist (1984). The Right to Refuse Psychotropic Drugs, by N. Rhoden; a Common Law Remedy for Forcible Medication of the Institutionalized Mentally Ill (Note), by J. Bioethics Reporter 1 (1):262.score: 423.0
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  49. Mark Wicclair (1986). A Shield Right for Reporters Vs. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? Business and Professional Ethics Journal 4 (2).score: 423.0
     
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  50. —James P. Sterba (2008). Freedom From Poverty as a Human Right: Who Owes What to the Very Poor? - Edited by Thomas Pogge. Ethics and International Affairs 22 (2):227–229.score: 405.0
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