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Chapter 5 BeyondReasonable Doubt” Jon O. Newman The James Madison Lectures were inaugurated “to enhance the apprecia- tion of civil liberty and strengthen the national purpose.”1 A lecture named for the principal architect of the Bill of Rights could aspire to no lesser goal. I hope I do not stray outside the lofty objective of this distinguished series by focusing on a right that is not mentioned in Madison’s handiwork and was not given formal recognition as comprehended within the general lan- guage of the Bill of Rights until 1970,2 although assumed by the

? Chris N. Heffer Abstract Unlike in the US and Commonwealth jury systems, where judges give defined or undefined `beyond reasonable doubt' instructions, in England and Wales the juries are normally directed by the judge that the prosecution must make them sure of the defendant's guilt before they can convict. Critics of this paraphrase of the criminal standard of proof have adduced studies which appear to show that a high proportion of mock jurors equate sure with 100% confidence. Since it is impossible to be absolutely certain about evidence presented in court, the

The Question Are there scattered objects? Not in the innocent sense in which confetti after the parade, afternoon thunderstorms or the clothes in a teenager’s room are scattered, but in the sense of a single material object’s being located in several separated places? In a long-influential paper, Richard Cartwright asserts: “That there are scattered material objects seems to me beyond reasonable doubt.” (1975, p. 157) His claim has been endorsed by numerous other philosophers and has been little challenged. One who signs on is Roderick Chisholm: “Like Cartwright

reasonable doubt, that a separate synchronic account is war- ranted’’ (Blevins 2004a: 5). As a corollary, linguistic theories should not encode phonetic motiva- tions for phonological patterns in a synchronic grammar: ‘‘Synchronic constraints incorporating naturalness or markedness are misguided’’ (Ble- vins 2004a: 71; see also 251–258). In light of these assertions of Evolu- tionary Phonology, my commentary addresses two crucial questions: (i) can all synchronic patterns be attributed to phonetically motivated sound changes? and (ii) should phonetic naturalness be encoded

United States Supreme Court on the allocation of the burden of proof in relation to criminal defences. The Court seems generally comfortable about letting the accused carry the persuasive burden of proving excuses and justifications. It is seemingly different in those other common law countries where the so-called ‘golden thread’ proclaimed by the House of Lords in Woolmington v DPP holds sway, and where it is accepted as a general rule that the prosecution must disprove beyond reasonable doubt any defence that has been put in issue. This essay explores and tries to

On Nature and Meaning
Series: Categories, 7

K. J. Holyoak, R. G. Morrison (eds.), The Oxford handbook of thinking and reasoning , New York: Oxford University Press, 2012, pp. 234-259. 9. Holyoak, K. J. & Thagard, P. The Analogical Mind, American Psychologist 52 (1), 1997, pp. 35-44. 10. Hristova, P. Unconscious Analogical Mapping? New Bulgarian University 2009, pp. 655-660. 11. Jost, J. T., Rudman, L. A., Blair, I. V., et al. The existence of implicit bias is beyond reasonable doubt. Review, Research in Organizational Behavior 29, 2009, pp. 39-69. 12. Kahneman, D. Thinking Fast and Slow , New York

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Contents Acknowledgments vii Introduction 1 Norman Dorsen 1 Government Benefits: A New Look at an Old Gift Horse 7 Patricia M. Wald 2 Racism in American and South African Courts: Similarities and Differences 26 A. Leon Higginbotham, Jr. 3 Portia’s Progress 57 Sandra Day O’Connor 4 Speaking in a Judicial Voice 71 Ruth Bader Ginsburg 5 BeyondReasonable Doubt” 101 Jon O. Newman 6 The Death Penalty in America: Can Justice Be Done? 128 Betty B. Fletcher 7 To Err Is Human, but Not Always Harmless: When Should Legal Error Be Tolerated? 147 Harry T. Edwards 8 How James

Hittite efcf- «(hunting) net' Harry A. Hoflher Jr., with the collaboration of Howard Barman, has identified and interpreted this word1 beyond reasonable doubt. Δη admirable part of this demonstration is the acute syntactic discrimination of homophonous* verbs huuxvpp- and warp-. The Luwian aggati- 'nuballu (Akkad.)' has further been perceptively equated with ekt-, the only differences being the routine shift to a Luwian i-stem and the insertion of a (suffixal?) vowel -a- (< *e?). Hoffher and Berman then resourcefully suggest a reconstruction of ekt- with *je

important but bibliographically puzzling source of Swift’s texts currently described as Charles Davis’s Miscellanies ... Volume the 68 Fifth and, in soldiering on, raises such vexed issues as “authorial” (and by implication “canonical”) revision and intervention. In what might be seen as a companion piece, “Swift, Manley, and the Commissioning of A True Narrative of What Pass’d at the Examination of the Marquis de Guiscard (1711)”, Ruth Herman establishes beyond reasonable doubt that A True Narrative has to be relegated from the Swift canon. The evidence Herman presents