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

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  1.  38
    Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.
    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.  4
    Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.
    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.  11
    John F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.
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  4.  77
    Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.
    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.  4
    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.
    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.  14
    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.
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  7.  11
    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.
    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 condones (...)
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  8.  4
    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 & Ethics 35 (2):265-272.
    Xenotransplantation pits clinical research ethics against public health needs because recipients must undergo long-term, perhaps life-long, surveillance for infectious diseases. This surveillance requirement is effectively an abrogation of the right to withdraw from a clinical trial. Ulysses contracts, which are advance directives for future care, may be an ethical mechanism by which to balance public health needs against limitation of individual rights.
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  9.  18
    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.
    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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  10.  1
    James W. Nickel (2016). Can a Right to Health Care Be Justified by Linkage Arguments? Theoretical Medicine and Bioethics 37 (4):293-306.
    Linkage arguments, which defend a controversial right by showing that it is indispensable or highly useful to an uncontroversial right, are sometimes used to defend the right to health care. This article evaluates such arguments when used to defend RHC. Three common errors in using linkage arguments are neglecting levels of implementation, expanding the scope of the supported right beyond its uncontroversial domain, and giving too much credit to the supporting right for outcomes in its (...)
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  11.  7
    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.
    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.  6
    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.
    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 and Dignitas between 2001 and 2004 and investigated by the (...)
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  13.  14
    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.
    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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  14.  30
    Steven R. Smith (2012). Neuroscience, Ethics and Legal Responsibility: The Problem of the Insanity Defense. Science and Engineering Ethics 18 (3):475-481.
    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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  15.  38
    Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.
    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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  16. 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
     
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  17. Geoffrey Marshall (1995). What Is Protected By The Right To Privacy? Jahrbuch für Recht Und Ethik 3.
    Arguments about constitutional and personal rights often invoke the concept of privacy. In the United States it has been said that the constitution "embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government". A number of formulae has been invoked in an attempt to define the sphere of constitutional privacy. They include: Fundamental rights of interests; personal decisions and issues; important questions intimately affecting private lives; and decisions affecting education, child-rearing, (...)
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  18.  5
    Travis N. Rieder (2016). One Child: Do We Have a Right to More? By Sarah Conly. Kennedy Institute of Ethics Journal 26 (2):29-34.
    There are too many people on the planet. This isn’t a popular thing to say, but it’s becoming more and more obvious that it’s true, and that we need to do something to address it. Even in our radically unjust world, where billions of people do not have adequate access to food, water, energy, and other resources, we’re still living unsustainably—overcharging our ecological credit card and torching the climate. But discussing the link between these environmental problems and the population is (...)
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  19.  9
    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.
    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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  20.  5
    Rainer Forst, Matthias Fritsch, Jeffrey Flynn & Seyla Benhabib (2015). The Right to Justification by Rainer Forst. [REVIEW] Political Theory 43 (6):777-837.
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  21.  7
    C. Bertram (2015). Book Review: Debating the Ethics of Immigration: Is There a Right to Exclude, by Christopher Heath Wellman and Phillip Cole. [REVIEW] Political Theory 43 (4):567-570.
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  22.  10
    Maurice R. Holloway (1965). "Conscience and Its Right to Freedom," by Eric D'Arcy. Modern Schoolman 42 (3):325-326.
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  23.  11
    Amy L. Peikoff (forthcoming). Book Note on Natural Rights and the Right to Choose by Hadley Arkes. Ethics.
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  24.  11
    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.
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  25.  2
    Lord Devlin (1986). Trial by Jury for Fraud. Oxford Journal of Legal Studies 6 (3):311-321.
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  26.  2
    Hugo Adam Bedau (1977). The Right to Die by Firing Squad. Hastings Center Report 7 (1):5-7.
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  27. P. Baelz (1977). The Right to Strike by the Caring Professions. Journal of Medical Ethics 3 (3):150-150.
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  28. Arthur Eastwood (1893). The Natural Right to Freedom, by M. D. O'Brien. [REVIEW] Ethics 4:412.
     
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  29. 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.
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  30. 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.
     
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  31. Mary P. Richards (2002). Imagining the Anglo-Saxon Past: "The Search for Anglo-Saxon Paganism" and "Anglo-Saxon Trial by Jury"Eric Gerald Stanley. Speculum 77 (3):995-996.
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  32. Veronica Rodriguez-Blanco (2009). Book Review: The Law and the Right: A Reappraisal of the Reality That Ought to Be, by Enrico Pattaro. [REVIEW] Canadian Journal of Law and Jurisprudence 22 (2):451-456.
    Rodriguez-Blanco examines Enrico Pattaro's effort to explain the normativeness or binding force of the law. Pattaro defends the controversial claim that norms are motives of behaviour and provides a rich explanation of how these motives, i.e., beliefs in the human brain, move human agency. In her review, Rodriguez-Blanco challenges Pattaro's empirical conception of human agency.
     
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  33. U. Schueklenk (1997). Neugeborene Und Das Recht Auf Leben [Newborns and the Right to Life] by Norbert Hoerster. Bioethics 11:170-171.
     
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  34.  38
    D. Viehoff (2015). The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey, by Michael Huemer. Mind 124 (494):630-636.
  35.  7
    Jan Brezger & Andreas Cassee (2016). Debate: Immigrants and Newcomers by Birth—Do Statist Arguments Imply a Right to Exclude Both? Journal of Political Philosophy 24 (3):367-378.
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  36. Jack Reynolds (2005). Jacques Derrida, Eyes of the University: Right to Philosophy 2 Reviewed By. Philosophy in Review 25 (5):343-346.
  37.  52
    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.
  38.  49
    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.
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  39. 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.
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  40.  12
    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.
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  41.  11
    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. [REVIEW] Ethics 123 (4):750-755.
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  42.  9
    Bruno Estigarribia (2010). Facilitation by Variation: Right‐to‐Left Learning of English Yes/No Questions. Cognitive Science 34 (1):68-93.
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  43.  5
    P. Sean Morris (2015). Alison Kesby , The Right to Have Rights: Citizenship, Humanity, and International Law . Reviewed By. Philosophy in Review 35 (1):26-28.
  44.  4
    Alan Ryan (1991). The Right to Private Property by Jeremy Waldron. Journal of Philosophy 88 (3):155-159.
  45.  6
    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.
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  46.  21
    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.
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  47. 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.
     
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  48. Lawrence C. Becker (1982). LJ Macfarlane, The Right to Strike Reviewed By. Philosophy in Review 2 (2/3):116-116.
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  49. 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.
     
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  50.  6
    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.
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